Writ petition challenging dismissal of execution application regarding educational tribunal award. High Court held petition should be dismissed as Tribunal judgment not challenged and execution application still pending.
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HIGH COURT. OF' JUDICATURE FOR WASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 302512022
----Respondents
For petitioners(s)
For Respondent(s)
HON'BLE MR.;
13/04/2022
This writ petitio petitioners with the
following prayers:-
Lordship may graciously be pleased to accept and allow this writ petition of the petitioners and by further pleased to:I. Quashed and set aside the order dated 08.04.2021 passed by Ld. Civil Judge and Judicial Magistrate No.1, District Alwar, Rajasthan.
11.. The proceedings of the execution applicati.on No.36/03/14 titled as Sashi Khandelwal Versus Management Committee and other pending before Ld. Civil Judge and Judicial Magistrate No.1, District Alwar, Rajasthan, may kindly be quashed and set aside.
IV. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioners."
Brief facts of the case are that Rajasthan on-~overnment Administrative as 'Tribunal') has passed claim of the
application for dismis n application on the ground that since ' rder passed by the ' ~ribunal therefore th oes not survive. The application submit dismissed by the learned Executing Court 08.04.2021. Hence, this writ petition has been fit rs challenging the order dated 08.04.2021.
Counsel for the he direction issued by the Tribunal under 31.03.2014 has already :.%!. .. been complied by t efore, the execution application does not survive and the Executive Court has erred in dismissing the application filed by the petitioners. Counsel further submits that Executing Court has erred in asking the District Education Officer to calculate the amount of the claimant which is beyond the scope of the award.
Heard counsel for the petitioners and perused the record.
This petition filed by the petitioners deserves to be dismissed for the reasons; firstly, the petitioners have failed to challenge the judgment passed by the Tribunal; secondly, the execution petition is still pending before the Executing Court and the petitioners have right to submit their objection with regard to the amount calculated by the District Education Officer as directed by the Executing Court; thirdly, in the facts and circumstances of the jurisdiction of this
3 issues framed by the court
Whether to allow the writ petition quashing the execution court order dismissing the application.
Whether the petitioners ought to have challenged the Tribunal judgment before filing execution proceedings.
Whether the Executing Court erred in asking the District Education Officer to calculate the claim amount.
Managing Committee, Saini Shiksha Samiti, Through Secretary, Saini Senior Secondary School, Manu Marg, Alwar, Rajasthan
Managing Committee Saini Senior Secondary School, Through Secretary, Manu Marg, Alwar, Rajasthan
As recorded by the court registry
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