Dismissed

Managing Committee v. Bajrang Lal Saini S/O Late Shri Ganpatram Saini

Rajasthan HC16 Aug 2021CW/16522/2018

Case brief

AI extract

What is this about?

High Court bench disposed of multiple connected writ petitions. The court held that the liability to pay retirement dues lies with the school managing committee, as the teachers retired before state absorption. The State Government is not liable for non-absorbed workers. Petitions dismissed.

What did the court decide?

Writ petitions dismissed. Instructions to managing committee to pay dues within three months.

Managing Committee Vs Bajrang Lal Saini S/O Late… — Education and Admissions | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 15852/2018

¶3

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani , District Jhunjhunu, Rajasthan

¶4

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani, Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon Ki Dhani , Post Deoroad, Tehsil Surajgarh, District Jhunjhunu , Rajasthan

¶5

----Petitioners

¶6

Versus

¶7

Om Prakash S/o Shriram Sharma, Aged About 49 Years, By Caste Brahmin, R/o Near Sabu School Ward No. 11, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan

¶8

The Director/commissioner Secondary Education Rajasthan, Bikaner

¶9

----Respondents

¶10

Connected With

¶11

S.B. Civil Writ Petition No. 15218/2018

¶12

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶13

Managing Committee, Baijnath Shriram Saboo Senior Secondary School,pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶14

----Petitioners

¶15

Versus

¶16

Rajendra Prasad Sharma S/o Shri Tarachand Sharma, R/o Ward No. 17, Behind Eye Hospital, Pilani, District

(2 of 11)

[CW-15852/2018]

Jhunjhunu, Rajasthan

The Director/commissioner, Secondary Education Rajasthan Bikaner

¶21

----Respondents S.B. Civil Writ Petition No. 15289/2018

¶22

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represent Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶23

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represent Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶24

----Petitioners

¶25

Versus

¶26

Rajesh Bagla S/o Shri Chaturbhuj Bagla, R/o Ward No. 25, Near Shyam Mandir, Pilani, District Jhunjhunu, Rajasthan.

¶27

The Director/commissioner, Secondary Education Rajasthan Bikaner.

¶28

----Respondents

¶29

S.B. Civil Writ Petition No. 15377/2018

¶30

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶31

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

(3 of 11)

[CW-15852/2018]

----Petitioners

Versus

Subhash Chandra S/o Shri Purnaram, By Caste Jat, R/o Village And Post Lamba Via Baggar, Tehsil Chirara, District Jhunjhunu, Rajasthan.

¶37

The Director/commissioner, Secondary Education Rajasthan Bikaner.

¶38

----Respondents

¶39

S.B. Civil Writ Petition No. 15590/2018

¶40

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶41

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶42

----Petitioners

¶43

Versus

¶44

Shiv Onkar Sharma S/o Shri Shishupal Sharma, R/o Ward No. 11, Near Dalmiya Kunwa, Municipality Pilani, District Jhunjhunu, Rajasthan.

¶45

The Director/commissioner, Secondary Education Rajasthan Bikaner.

¶46

----Respondents

¶47

S.B. Civil Writ Petition No. 15615/2018

¶48

Managing Committee And Anr, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu,rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶49

Managing Committee, Baijnath Shriram Saboo Senior

¶50

(4 of 11)

¶51

[CW-15852/2018]

¶52

Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶53

----Petitioners

¶54

Versus

¶55

Smt Saroj Saini Wife Of Guturam Saini, R/o Near Loyalka Ki Kothi, Ward No. 10. Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶56

----Respondent

¶57

S.B. Civil Writ Petition No. 15630/2018

¶58

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh,district Jhunjhunu, Rajasthan

¶59

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh,district Jhunjhunu, Rajasthan

¶60

----Petitioners

¶61

Versus

¶62

Kailash Chand Sharma S/o Shri Vishvanath Sharma, R/o Ward No. 17, Near Bhagat Singh Circle, Pilani, District Jhunjhunu, Rajasthan

¶63

The Director/commissioner, Secondary Education Rajasthan Bikaner

¶64

----Respondents

¶65

S.B. Civil Writ Petition No. 15837/2018

¶66

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan

¶67

Managing Committee, Baijnath Shriram Saboo Senior Secondary School,pilani, Both Are Represented Through

¶68

(5 of 11)

¶69

[CW-15852/2018]

¶70

The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon Ki Dhani , Post Deoroad, Tehsil Surajgarh, District Jhunjhunu , Rajasthan

¶71

----Petitioners

¶72

Versus

¶73

Yashpal S/o Shri Radheyshyam, By Caste Jat, Aged About 47 Years, R/o Village And Post Kithana, Via Sultana, District Jhunjhunu, Rajasthan

¶74

The Director/ Commissioner Secondary Education Rajasthan, Bikaner

¶75

----Respondents

¶76

S.B. Civil Writ Petition No. 16249/2018

¶77

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani , District Jhunjhunu, Rajasthan.

¶78

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani, Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani , Post Deoroad, Tehsil Surajgarh, District Jhunjhunu , Rajasthan.

¶79

----Petitioners

¶80

Versus

¶81

Rajpal Singh S/o Shri Prabhu Singh, Aged About 61 Years, By Caste Jat, R/o Ward No. 21, Near Rakesh Academy, Pilani, District Jhunjhunu Rajasthan.

¶82

The Director/ Commissioner Secondary Education Rajasthan, Bikaner.

¶83

----Respondents

¶84

S.B. Civil Writ Petition No. 16257/2018

¶85

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani , District Jhunjhunu, Rajasthan.

¶86

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani, Both Are Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu,

(6 of 11)

[CW-15852/2018]

Rajasthan.

----Petitioners

Versus

Madan Lal S/o Shri Laxmanram Saini, Aged About 53 Years, By Caste Mali, R/o Near Ranisati, Laxmi Colony, Ward No. 17, Gali No. 2, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶93

The Director/ Commissioner Secondary Education Rajasthan, Bikaner.

¶94

----Respondents

¶95

S.B. Civil Writ Petition No. 16486/2018

¶96

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶97

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶98

----Petitioners

¶99

Versus

¶100

Anil Kumar S/o Shri Mahaveer Prasad, Aged About 61 Years, R/o C/o Pramod Nagwan, Savitri Bhawan, Near Jutharam Senior Secondary School Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶101

The Director/commissioner, Secondary Education Rajasthan Bikaner.

¶102

----Respondents

¶103

S.B. Civil Writ Petition No. 16510/2018

¶104

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶105

(7 of 11)

¶106

[CW-15852/2018]

¶107

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶108

----Petitioners

¶109

Versus

¶110

Radheyshyam Saini S/o Shri Rameshwar Singh, Aged About 43 Years, By Caste Mali, R/o Village And Post Kishorepura, Via Ponkh, Tehsil Udaipurwati, District Jhunjhunu, Rajasthan.

¶111

The Director/commissioner, Secondary Education Rajasthan, Bikaner.

¶112

----Respondents

¶113

S.B. Civil Writ Petition No. 16522/2018

¶114

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶115

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶116

----Petitioners

¶117

Versus

¶118

Bajrang Lal Saini S/o Late Shri Ganpatram Saini, Aged About 63 Years, By Caste Mali, R/o Ward No. 16, Near Old Birla Senior Secondary School, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶119

The Director/ Commissioner, Secondary Education Rajasthan Bikaner.

¶120

----Respondents

¶121

S.B. Civil Writ Petition No. 16523/2018

¶122

(8 of 11)

¶123

[CW-15852/2018]

¶124

Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Shyam Mandir Road, Pilani, District Jhunjhunu, Rajasthan. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶125

Managing Committee, Baijnath Shriram Saboo Senior Secondary School, Pilani. Represented Through The Secretary Shri Raghuveer Singh Shekhawat S/o Shri Mansingh Aged About 65 Years, R/o Sheoraon-Ki-Dhani, Post Deoroad, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶126

----Petitioners

¶127

Versus

¶128

Banwari Lal S/o Shri Teruram Godara, Aged About 48 Years, R/o Behind Shyam Mandi Ward No. 25, Pilani, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

¶129

The Director/ Commissioner, Secondary Education Rajasthan Bikaner.

¶130

----Respondents

¶131

For Petitioner(s)	:	Mr. Dhoop Singh Poonia
For Respondent(s)	:	Mr. Ganesh Meena, AAG Mr. Tapeshwar Pal Singh Parmar Mr. Bharat Saini, AGC

¶132

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶133

Order

¶134

16/08/2021

¶135

These writ petitions raise a common question thus they are being decided by this judgment.

¶136

Applications have also been moved in several petitions for disbursement of amount in favour of the concerned Teachers as Non-petitioner No.1 in various cases.

¶137

(9 of 11)

¶138

[CW-15852/2018]

¶139

Learned counsel for the petitioners submit that the petitioner- Managing Committee is in hardship and is only able to release the amount of 20% and 40% of their share in favour of the concerned each respondent and the State Government ought to be directed to release the remaining payment in terms of the judgment passed by this Court in case of State of Rajasthan & Ors. Vs. The Management Committee, Sh. Bhagwan Das Todi College & Ors. reported in 2016 (3) RLW 1911 (Raj.) wherein the Division Bench observed that the amount in terms of aid being granted by the State Government should be disbursed according to the share of the concerned Managing Committee and that of the State Government.

¶140

Learned Additional Advocate General, Shri Ganesh Meena submits that this Court has already been taken a view in SBCWP No.3081/2016: Managing Committee, DAV Sr. Secondary School & Anr. Versus Sudha Gupta & Anr. vide order dated 20.09.2019 holding that the case of Bhagwan Das (supra) would have no application in relation to the teachers who have retired from the concerned school itself and were not taken over under the Rules of 2010 by the State Government.

¶141

Learned counsel submits that therefore the Management Committee has to pay the dues to the Teachers and if there is any share of the State Government yet to be paid to the Committee. The Committee can always take steps for recovering the amount which has already been released to the concerned Teachers for reimbursement.

¶142

I have considered the submissions.

¶143

(10 of 11)

¶144

[CW-15852/2018]

¶145

7. In Managing Committee, DAV Senior Secondary School

¶146

(supra), this Court took notice of the judgment of Division Bench and held as under :-

¶147

“I have considered the submission and on perusal of the judgment passed by the Division Bench in the case of The Management Committee, Sh. Bhagwan Das Todi College & Ors.(supra), this Court finds that the Division Bench examined the cases in relation to the Rules of 2010 and taking into consideration that the employees of the aided institutions had been absorbed with the State Government, a direction was issued directing the State Government to pay the unpaid amount to the concerned employee, which was due against the concerned educational institution to the extent of aid being granted to the institution.

¶148

In view of the above, this Court is of the firm opinion that the directions would be confined only to those employees who have been absorbed with the State Government and would not extend to those employees, who retired while working with the institution(s) and are claiming their dues as against the institution(s). Since, admittedly the employees stood already retired, it is the duty of the institution to pay the entire amount as claimed by the employees and if they have any case for reimbursement from the State Government, they can always get the aid to be released from the concerned State Government. It is made clear that if such reimbursement is claimed in terms of the aid being given to the institution, the said reimbursement shall be released by the State Government.

¶149

Accordingly, no case for interference is made out. The writ petition is found to be devoid of merit and the same is accordingly dismissed. Due payment be made within a period of three months. If any execution proceedings have been initiated, the same shall remain stayed for three months.

¶150

All the pending applications stand disposed of.”

¶151

Admittedly, in all the present matters, the Teachers who were working in the two schools been managed by the petitionerManagement Committee, attained superannuation while working in the said schools itself.

¶152

In view thereof, it was a liability of the Managing Committee to release all the dues as laid down in the order/s passed by the Rajasthan Non-Educational Institution Tribunal in favour of the

¶153

(11 of 11)

¶154

[CW-15852/2018]

¶155

said Teachers. The payment was to be made from their own assets and if they have any claim for reimbursement from the State Government, they can always get the aid to be released from the State Government for which the Teachers ought not to be put in litigation.

¶156

In view of above, these writ petitions are found to be devoid of force and the same are accordingly dismissed.

¶157

All pending applications also stand disposed of.

¶158

(SANJEEV PRAKASH SHARMA),J

¶159

NITIN /79-92

Managing Committee v. Bajrang Lal Saini S/O Late Shri Ganpatram Saini

Case brief

What is this about?

What did the court decide?

Managing Committee v. Bajrang Lal Saini S/O Late Shri Ganpatram Saini

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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