Disposed

Rajesh Kumar Jain and Ors. v. State and Ors.

Rajasthan HC5 Dec 2023CW/10522/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition regarding arrears of salary due to non-government aided school employees. Noting that the issue was settled in a previous judgment (Bhagwan Das Todi College case), the Court relied on that decision and dismissed the petition in consonance with the established principle.

What did the court decide?

Petition disposed of in terms of the judgment in State of Rajasthan v. Bhagwan Das Todi College without passing any independent order.

Rajesh Kumar Jain and Ors. Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:42521]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10522/2016

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Rajesh Kumar Jain son of Shri Surajmal, aged about 49 years, resident of Jain Sadan Kila Parisar, Near Ban Mata Mandir, Pratapgarh.

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Vijay Sharma son of Shri Ramniwas Sharma, aged about 41 years, resident of Housing Board Colony, Pratapgarh.

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Ambalal Kumhar son of Shri Hemraj, aged about 52 years, resident of Industrial Area, Ghati Ke Niche, Bagvas, Pratapgarh.

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Anil Kumar Patangiya son of Shri Chaggan Lal, aged about 62 years, resident of Nichala Bazaar, Opposite Naya Mandir, Pratapgarh.

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Smt Rajkumari wife of late Shri Mahendra Kumar Bandi, aged about years, resident of opposite Ganesh Mandir, Gopalganj, Pratapgarh.

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Prahlad Joshi Son Of Shri Prabhu Lal Joshi, Resident Of Heera Colony, Pratapgarh.

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Smt. Manjula Bandi Wife Of Shri Santosh Kumar Bandi, Resident Of Gopalganj Road, Near Jain Upasara, Gopalganj, Pratapgarh.

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Smt. Aruna Salgiya Wife Of Shri Sagarmal Salgiya, Resident Of Near Kisan Printing Press, Gopalganj, Pratapgarh.

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Mukesh Kumar Kumawat Son Of Shri Daya Shanker Kumawat, Resident Of Near Modi Mata Mandir, Salampura, Pratapgarh.

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Sunil Kumar Jain Son Of Shri Duli Chand Jain, Resident Of

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Aaiji Ke Mandir Ka Bag, Jhanda Gali, Narawada, Pratapgarh. 11. Rajendra Kumar Sharma Son Of Shri Labh Chand Sharma, Resident Of Koriyo Ki Gali Inside Jhanda Gali, Pratapgarh.

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Bhagwati Lal Sharma Son Of Shri Moti Lal Sharma, Resident Of Mehta Sadan, Tilak Nagar, Pratapgarh.

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Narendra Mali Son Of Shri Onkarlal Mali, Resident Of Ghiyaji Ka Bag, Talab Road, Pratapgarh

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----Petitioner

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Versus

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

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(2 of 4) [CW-10522/2016]

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[2023:RJ-JD:42521]

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The Director, Elementary Education, Bikaner Rajasthan.

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The Deputy Director, Elementary Education, Bikaner Rajasthan

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The District Education Officer Elementary Education, Pratapgarh Rajasthan.

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Bhattarak Yashkirti Higher Secondary School, Pratapgarh. Through Its Headmaster.

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The Director, Secondary Education, Bikaner (Rajasthan) 7. District Education Officer (Secondary Education), Pratapgarh (Rajasthan)

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The Deputy Director (Secondary Education), Udaipur, Rajasthan

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----Respondents

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For Petitioner(s)	: Mr K.R. Saharan
For Respondent(s)	: Mr Srawan Kumar AGC

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HON'BLE MR. JUSTICE ARUN MONGA

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Judgment / Order (oral)

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05/12/2023

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The petitioners herein are seeking following relief as per prayer clause, which is reproduced herein below:

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I) by an appropriate writ, order or direction, the respondent State be directed to release the payment and arrears due to the petitioners and husband of petitioner No.5 late Shri Mahendra Kumar Bandi after granting them fixation in the appropriate pay scale as per VI-Pay Commission w.e.f. 01.01.2016 with all consequential benefits.

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II) by an appropriate writ, order or direction, the respondents be directed to make payment of due arrears of salary, arrears on granting selection grade, gratuity, leave encashment, arrears of dearness allowances etc, which had become due to them as on the date of absorption with the State of Rajasthan with all consequential benefits. III) by an appropriate writ, order or direction, the respondents be directed to make payment of all the arrears of salary along with interest @ 18% per annum from the date the same had become due till the date of payment. IV) Any other appropriate order or direction, which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

[2023:RJ-JD:42521]

[CW-10522/2016]

(3 of 4)

It transpires that this second round of petitioners before this Court as the earlier writ petition filed by them, bearing Writ Petition No.10522/2016 was disposed of vide order dated 05.01.2018 by learned Brother Arun Bhansali, J. However, said order had to be recalled subsequently by order dated 24.08.2021, as an application was filed seeking impleadment of Department of Secondary Education as respondents No.6 and 7. The application for impleadment was allowed. The subsequently added respondents are thereafter represented by learned counsel Mr Srawan Kumar.

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As regard the controversy raised in the petition, the same is no more res integra in view of previous judgment rendered by this Court in a case titled as State of Rajasthan & another Vs The Management Committee Sh. Bhagwan Das Todi College, reported in 2016 (2) WLC (Raj) 1. The relevant of the aforesaid judgment is as below:

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“46. The Special Appeals filed by the State Government are without substance and accordingly dismissed and taking note of the Sec.31(2) of the Act, 1989 we direct the NonGovernment Educational Institutions to prepare due drawn statement of each of the employees of their Institution who have worked against sanctioned & aided posts in regard to their arrears of salary and other dues which are approved expenditures to the extent of grant-in-aid and the same be sent to the State Government and the State Government after its due verification from their records will make payment of arrears to each of the employee who either have now become members of Rules, 2010 or have retired or left the job (upto the period one has worked) and to other employees

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similarly situated under intimation to the concerned NonGovernment Recognized Institution.

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47. However, it may not remain confined to such of the employees who are covered under the present litigation and since the employees of the State Government and the NonGovernment Aided Institution are under litigation at various levels either before the ld. Tribunal or in this Court and after this issue being settled by us, we consider it appropriate that let this order be made applicable mutatis mutandis to

(4 of 4)

[2023:RJ-JD:42521]

[CW-10522/2016]

all such employees who are similarly situated, in the manner as directed by this court and indicated above. 48. The Non-Government Aided Institutions shall ensure compliance of this order within two months and the State Government shall ensure compliance in letter & spirit within two months thereafter by making actual payment to the employee of the Non-Government Aided Institutions. 49. With these directions, all the special appeals stand disposed of, in the above terms. There shall be no order as to costs.”

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In the course of hearing, learned counsel appearing for the respective parties are ad idem that the case of the petitioners herein is squarely covered by the decision rendered in Bhagwan Das Todi College (supra).

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In view of the consensus among learned counsels, present writ petition is also disposed of in terms of the judgment rendered in the case of Bhagwan Das Todi College (supra).

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(ARUN MONGA),J

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84-MMA/-

Rajesh Kumar Jain and Ors. v. State and Ors.

Case brief

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Rajesh Kumar Jain and Ors. v. State and Ors.

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