Allowed

Prabandh Samiti, Sri Sumati Shiksha Sadan Senior Secondary School v. Suwa Lal Ranka

Rajasthan HC20 Jan 2023CW/10362/2020

Case brief

AI extract

What is this about?

The single judge allowed the writ petition relied on prior decisions to direct the State Government to pay arrears of salary, leave encashment, and gratuity to an employee, along with interest, and directed respondents to release grant-in-aid.

What did the court decide?

Direct payment of arrears of salary, leave encashment, and gratuity with interest within 60 days; release of grant-in-aid within 60 days.

Prabandh Samiti, Sri Sumati Shiksha Sadan… — Labour and Industrial Disputes | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10362/2020

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Prabandh Samiti, Sri Sumati Shiksha Sadan Senior Secondary School, Ranawas, District- Pali. Through Authorized Person And Signatory Jabber Singh Rajpurohit Son Of Shri Bhanwar Lal Rajpurohit, Aged About 44 Years, Principal, Shri Jain Swetambar Terapanthi Manav Hitkari Sangh T.t. College For Woman, Ranawas, DistrictPali.

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The Principal, Sri Sumati Shiksha Sadan Senior Secondary School, Ranawas, District- Pali.

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----Petitioners

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Versus

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Suwa Lal Ranka S/o Shri Unkar Lal Ranka, Resident Of C/ o Shri Rupa Ram Prajapat, Kumbaro Ka Vas, Mukam Post Ranwas, Tehsil- Marwar Junction, District- Pali.

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The Director, Secondary Education, Bikaner. 3. The District Education Officer (Secondary Education), Pali.

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----Respondents

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For Petitioner(s)	: Mr.	RC Joshi.
For Respondent(s)	: Mr.	Pritam Solanki.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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20/01/2023

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The present petition has been preferred by the petitioners claiming the following reliefs:-

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“i) by an appropriate writ, order or direction, the impugned judgment dated 23.07.2020 (Annexure-3), passed by the Rajasthan Non Government Educational Institutions Tribunal, Jaipur, in Application No.04/2016 (Suwa Lal Ranka versus Prabandh Samiti, Sri Sumati Shiksha Sadan Sen. Sec. School & Ors.) may

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(2 of 3)

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[CW-10362/2020]

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kindly be modified and the State Government may kindly be directed to pay their share of the amount clearing arrears of the dues to the concerned employee (respondent No.1) to the extent petitioners’ school was in receipt of grant-in-aid.

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ii) any other order or direction, which the Hon’ble Court deem just fit and proper be passed in favour of the petitioners.”

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It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition is squarely covered by order dated 17.11.2011 passed in Gordhan Mal Singhvi Vs. The State of Rajasthan & Ors : SBCWP No. 5118/2008 and Division Bench judgment in State of Rajasthan & Anr. Vs. The Management Committee Sh. Bhagwan Das Todi College : D.B. Special Appeal (Writ) No. 663/2015 decided on 06.11.2015.

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In view of the submissions made, which are not disputed by learned counsel for the respondents, the writ petition filed by the petitioners is allowed in light of and with similar directions as in the case of Gordhan Mal Singhvi (supra) and law laid down in the case of Sh. Bhagwan Das Todi College (supra) , in the following terms:-

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“(1) Within 60 days from today, the respondent No.3 shall make payment of the amount to the petitioner towards arrears of salary as a result of fixation under the grades under the Revised Pay Scales Rules; towards selection grades upon completion of 9,18 and 27 years of service; towards leave encashment; and towards gratuity and provident fund alongwith interst @ 12% per annum from 23.07.2008 until the date of payment.

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(2) The respondents Nos.1 and 2 shall grant approval and release the grant-in-aid within 60 days from the

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(3 of 3) [CW-10362/2020]

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date of the respondent No.3 submitting in its claim in accordance with the provisions of the Rules of 1993 and the applicable decisions.”

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Further, the respondents are also directed to comply with the observations made in the case of Sh. Bhagwan Das Todi College , wherein directions have been given regarding payment.

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In the circumstances of the case, the needful may be done within a period of six months from the date of this order.

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All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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C-7-/Jitender//-

Prabandh Samiti, Sri Sumati Shiksha Sadan Senior Secondary School v. Suwa Lal Ranka

Case brief

What is this about?

What did the court decide?

Prabandh Samiti, Sri Sumati Shiksha Sadan Senior Secondary School v. Suwa Lal Ranka

Case brief

What is this about?

What did the court decide?

What the court decided

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