The High Court at Jodhpur disposed of a writ petition seeking arrears of salary and retirement benefits. Relying on prior judgments, the Court directed the petitioner's school to pay retiral dues within two months.
Direction to the respondent school to pay retiral dues to the petitioner within two months from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1595/2017
Braham Prakash Purohit, S/o Late Sh. Ram Dutt Purohit, By Caste Brahmin, R/o Kolari Ka Mohalla, Near Jain Temple, Jodhpur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
ManojBora |
|---|---|---|
| For Respondent(s) | : Mr. |
Deepak Bora |
| Mr. | Sarvan Kumar,AGC |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
23/09/2022
By way of filing the present writ petition, the petitioner has prayed for following reliefs:-
(2 of 3)
[CW-1595/2017]
the gratuity, Provident fund amount and all other dues to the petitioner along with interest @ 12% per annum from the date amount became due till date of payment. 3. Any other appropriate direction or order which the Hon’ble Court deems fit in the fact and circumstances of the case may kindly be granted.”
Learned counsel for the parties jointly submitted that the controversy involved in the present writ petition is squarely covered by judgments rendered by this Court at Jaipur Bench in the cases of Mahila Mandal v. State of Rajasthan & Ors. : S.B. C.W. No.2743/2006 decided on 25.10.2007 and State of Rajasthan & Anr. v. The Management Committee Sh. Bhagwan Das Todi College : D.B. S.A.W. No. 663/2015 decided on 06.11.2015.
The directions issued in the case of Mahila Mandal (supra) reads as under:-
“Accordingly, the writ petitions are hereby allowed. The respondents are directed to accord approval and release the grant in aid to the petitioners
(1) on the arrears of salary paid by it to its employees as a result of revisions of pay scales in accordance with the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998; (2) on arrear of dearness allowance to its employees as a result of grant of additional installments of dearness allowance;
(3) on the amount of selection grades admissible to the employees under order dated 25.1.1992 issued by the State Government prescribing for grant of selection grade (4) on leave encashment for which the employees are entitled to at par with employees of the State Government.
The entire exercise for grant of approval and release of the grant-in-aid may be completed within a period of three months from the date of the petitioners societies submitting their claim in accordance with the provisions of Rules of 1993.”
Learned counsel for the respondents submitted that the
due retiral benefits in favour of the petitioner shall be released
(3 of 3)
[CW-1595/2017]
by the respondent-School in terms of the aforesaid judgments
within a period of two months.
In view of the submission made by learned counsel for the respondents, the present writ petition is disposed of directing the respondent-School to make payment of retiral dues in favour of the petitioner within a period of two months
from date of this order.
No order as to costs.
(KULDEEP MATHUR),J S-116-KshamaD/-
1 issue framed by the court
Whether the petitioner is entitled to arrears of salary, selection grade, leave encashment, gratuity, and provident fund dues.
Colour shows how this judgement treated each authority
Mahila Mandal v. State of Rajasthan & Ors.Relied on¶22
Mahila Mandal v. State of Rajasthan & Ors. : S.B. C.W. No.2743/2006
State of Rajasthan & Anr. v. The Management Committee Sh. Bhagwan Das Todi CollegeRelied on¶22
State of Rajasthan & Anr. v. The Management Committee Sh. Bhagwan Das Todi College : D.B. S.A.W. No. 663/2015
Braham Prakash Purohit
State Of Rajasthan Through Secretary, Education Department
Director, Secondary Education, Bikaner
Shri Sumer Pustikar Senior Secondary School
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
