Disposed

Managing Committee, Makhariya Sarvajanik Pustkalay v. State of Rajasthan

Rajasthan HC7 Jul 2023CW/2115/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning dues to aided school employees and grant-in-aid arrears. The court relied on a prior judgment by a coordinate bench, which had issued specific directions on payment timelines and interest.

What did the court decide?

Dismissal of the writ petition based on the directions provided in the coordinate bench judgment of Dr. Babu Lal Sethi.

Managing Committee, Makhariya Sarvajanik… — Pension and Retirement Benefits | Rajasthan HC (2023)

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( 2023:RJ-JP:13644 )

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2115/2023

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Managing Committee, Makhariya Sarvajanik Pustkalay, Bagad, District Jhunjhunu Through Its Secretary, Shri Ramendra Yadav.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, School Education (Group-5), Secretariat, Jaipur.

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Director, Secondary Education, Rajasthan, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Hem Singh. For Respondent(s) : Mr. S.S. Raghav, AAG. Mr. Bharat Saini, AGC.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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07/07/2023

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Counsel for the petitioner submits that the issue involved in this writ petition has been considered and decided by the Coordinate Bench of this court in the matter of Dr. Babu Lal Sethi Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1823/2017 along with other connected matters) wherein on 17.02.2022, the following order was passed:-

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“In view thereof, with the consent of the learned counsels for the respective parties, all these matters are being disposed of with following directions:

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(i) The employees/Managing Committees of the aided educational institutions shall submit their claim with the respondents within a period of 15 days from today. However, claim of any of the employees/Managing Committee of an aided education institutions shall not be rejected merely on account of its

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(2 of 2)

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[CW-2115/2023]

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submission beyond the aforesaid period of 15 days.

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(ii) The State Government shall ensure payment of dues barring gratuity to the employees of the aided institutions in terms of directions issued by the learned Tribunal after verifying the claim so made within a period of 60 days of its submission.

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(iii) The State Government shall, in accordance with law, be entitled to recover this amount from the institutions, if such institution had drawn grant-in-aid in excess of its entitlement.

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(iv) The State Government shall ensure payment of arrears of grant-in-aid to those education institutions who have already paid the entire dues of their employee(s). (v) The aforesaid payment of the grantinaid to the educational institutions shall be payable only if they pay, if not already paid their share of the dues to their employees, within a period of 60 days from today. (vi) The directions issued by the learned Tribunal to the contrary, shall stand modified accordingly except qua gratuity. (vii) If the directions are not complied with within the stipulated period, the dues of the employees/arrears of grant-in-aid shall carry interest @ of 9% per annum from today.”

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Counsel for the respondents has not disputed the submissions made by the counsel for the petitioner.

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In that view of the matter, this writ petition is disposed of in view of the judgment passed by the Co-ordinate Bench of this court in the matter of Dr. Babu Lal Sethi (supra).

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(INDERJEET SINGH),J

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MG/183 (Same)

Managing Committee, Makhariya Sarvajanik Pustkalay v. State of Rajasthan

Case brief

What is this about?

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Managing Committee, Makhariya Sarvajanik Pustkalay v. State of Rajasthan

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