Disposed

Satya Naryan Sharma and Ors. v. State of Rajasthan and Ors.

Rajasthan HC21 Sept 2022CW/4021/2017

Case brief

AI extract

What is this about?

In a writ petition seeking retiral benefits and 6th Pay Commission recommendations for retired school employees, the High Court relied on previous rulings to direct the respondent school to release dues within two months.

What did the court decide?

Directed the respondent-School to make payment of retiral dues including arrears of salary, D.A., and leave encashment within two months.

Satya Naryan Sharma and Ors. Vs State of… — Education and Admissions | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 4021/2017

¶3

Satya Naryan Sharma S/o Sh. Banshi Lalji Sharma, R/o C-141, Rajeev Nagar, Outside Mahamandir, Tisri Pol, Jodhpur.

¶4

Mahesh Chandra Bora S/o Late Sh. Madanlalji, R/o Geeta Gali, Gundi Ka Mohalla, Jodhpur.

¶5

Mohan Gopal Joshi S/o Late Sh. Gangadasji Joshi, R/o Veer Girdharji Ki Gali, Bheemji La Mohalla, Jodhpur.

¶6

----Petitioners

¶7

Versus

¶8

The State Of Rajasthan Through The Secretary, Education Department, Government Of Rajasthan, Jaipur.

¶9

The Commissioner, Secondary Education, Government Of Rajashan, Bikaner

¶10

Shri Sumer Pushtikar Senior Secondary School, Inside Jalori Gate, Jodhpur Through Its Secretary Of The Managing Commitee.

¶11

The Chirman Managing Committee, Shri Sumer Pushtikar Senior Secondary School, Inside Jalori Gate, Jodhpur.

¶12

The Chairman, Pushtikar Education Trust C/o Shri Sumer Senior Secondary School, Inside Jalore Gate, Jodhpur.

¶13

----Respondents

¶14

For Petitioner(s)	: Mr. CP Trivedi
For Respondent(s)	: Mr. Sarwan Kumar, AGC
	Mr. Deepak Bora

¶15

HON'BLE MR. JUSTICE KULDEEP MATHUR

¶16

Order

¶17

21/09/2022

¶18

By way of filing the present writ petition, the petitioner has prayed for following reliefs:-

¶19

The respondents may kindly be directed to forthwith release the payment towards all the retiral benefits while

¶20

(2 of 3)

¶21

[CW-4021/2017]

¶22

calculating their pay in the pay scale from the month of Jan., 1993 and the petitioners may also be awarded benefits of 6^th Pay Commission recommendations alongwith amount of Gratuity, leave encashment etc. alongwith interest at the rate of 12% per annum from the date the amount became due till the date of payment with all consequential benefits.”

¶23

Learned counsel for the parties jointly submitted that the controversy involved in the present writ petition is squarely covered by judgments rendered by Division Bench of this Court at Jaipur 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.

¶24

The directions issued in the case of Mahila Mandal (supra) reads as under:-

¶25

“Accordingly, the writ petitions are hereby allowed. The respondents are directed to accord approval and release the grant in aid to the petitioners

¶26

(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;

¶27

(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.

¶28

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.”

¶29

Learned counsel for the respondents submitted that the due retiral benefits in favour of the petitioner shall be released

¶30

(3 of 3)

¶31

[CW-4021/2017]

¶32

by the respondent-School in terms of the aforesaid judgments

¶33

within a period of two months.

¶34

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

¶35

from date of this order.

¶36

No order as to costs.

¶37

(KULDEEP MATHUR),J 96-KashishS/-

Satya Naryan Sharma and Ors. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Satya Naryan Sharma and Ors. v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Khushboo Aasopa Vs Paschimi Raj. Dugdh U. S.Sangh Ltd.Andors

Dr. Harshvardhan Sarswat Vs State and Anr.

Smt. Prem Lata Vs State of Raj. and Ors.

Hemlata Choudhary Vs State of Rajasthan

Ashok Kumar Garg Vs M/S Hindustan Zinc Limited, and Anr.

Dipti Sharma Vs State and Ors.