Allowed

J.B. Senior Secondary School v. Rajashtan Non-Government Education Institutions Tribunal

Rajasthan HC4 Jul 2023CW/2351/2020

Case brief

AI extract

What is this about?

The High Court disposed of eight connected writ petitions filed by J.B. Senior Secondary School, Ladanu, concerning the non-drawing of due drawn statements. Relying on Marudhar Balika Vidyapeeth, the Court directed the State to constitute a committee, determine payable amounts within three months, and remain abeyance of execution proceedings until 31 January 2024.

What did the court decide?

Directions issued for determination of dues, deposit of shares by State and Institution, and stay of execution proceedings until 31.01.2024.

J.B. Senior Secondary School Vs Rajashtan… — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:19448]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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(1) S.B. Civil Writ Petition No. 2363/2020

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J.B. Senior Secondary School, Ladanu, Through Special Power Of Attorney Holder Rajendra Kumar Chotia S/o Shri Ram Niwas Sharma, Age About 45 Years, Resident Of Current Balaji Road, Ladnu District Nagaur (Raj.).

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----Petitioner

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Versus

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Rajasthan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan.

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Surajpal Sharma S/o Shri Man Singh, Resident Of Vaidon Ki Pole, Aadhi Patti, Ladnu, District Nagaur.

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 2287/2020

----Petitioner

Versus

Rajasthan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan.

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The District Education Officer, Secondary Education-I, Nagaur, Rajasthan.

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Rakesh Kumar Verma S/o Shri Ram Kishore Verma, Resident Of C/o Poonam Chand Brahamachha, 4Th Patti, Ladnu, District Nagaur.

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----Respondents

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(3) S.B. Civil Writ Petition No. 2345/2020

----Petitioner

[2023:RJ-JD:19448]

[CW-2363/2020]

(2 of 7)

Versus

Rajasthan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan. 3. Kishna Ram S/o Shri Baksha Ram, Resident Of Utarada, Jaton Ka Bas, Ladnu, District Nagaur.

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----Respondents

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(4) S.B. Civil Writ Petition No. 2351/2020

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J.B. Senior Secondary School, Ladanu Through Special Power Of Attorney Holder Rajendra Kumar Chotia S/o Shri Ram Niwas Sharma, Age About 45 Years, Resident Of Current Balaji Road, Ladnu District Nagaur (Raj.)

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----Petitioner

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Versus

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Rajashtan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan.

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Sudha Upadhyay W/o Late Shri Prem Chand Upadhyay, Resident Of C-26, Gayatri Mard Singh Bhumi, Khatipura, Jaipur.

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Sangeeta Sharma D/o Late Shri Prem Chand Upadhyay, Resident Of 461 Ff, Behind Gali No. 1, Shrinagar Shakur Basti, Delhi.

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Deepak Upadhyay S/o Late Shri Prem Chand Upadhyay, Resident Of 173, Ranjeet Nagar, Khatipura, Jaipur.

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Pankaj Upadhyay S/o Late Shri Prem Chand Upadhyay, Resident Of 173, Ranjeet Nagar, Khatipura, Jaipur.

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Sunita Sharma W/o Shri Rakesh Sharma, Resident Of 82, First Floor, Masjid Mod, South Extension, New Delhi.

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----Respondents

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(5) S.B. Civil Writ Petition No. 2359/2020

----Petitioner

Versus

(3 of 7)

[2023:RJ-JD:19448]

[CW-2363/2020]

Rajasthan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan. 3. Sugan Singh Sankhala S/o Shri Pema Ram, Resident Of Near Shiv Mandir, Kumharon Ka Bas, Ladnu, District Nagaur.

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----Respondents

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(6) S.B. Civil Writ Petition No. 2364/2020

----Petitioner

Versus

Rajasthan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan. 3. Narpat Singh Badgurjar S/o Shri Khinwa Ram, Resident Of Magra Bas, Near Mataji Ka Mandir, Ladnu, District Nagaur.

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----Respondents

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(7) S.B. Civil Writ Petition No. 2365/2020

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J.B. Senior Sec. School, Ladanu, Through Special Power Of Attorney Holder Rajendra Kumar Chotia S/o Ram Niwas Sharma, Age About 45 Years, Resident Of Current Balaji Road, Ladnu District Nagaur (Raj.)

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----Petitioner

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Versus

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Raj. Non-Govt. Edu. Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan. 3. The District Education Officer, Secondary EducationSecond, Nagaur.

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Gopal Choudhary S/o Dhanna Ram, Dhada Bas, Post Deedwana, District Nagaur.

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----Respondents

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(8) S.B. Civil Writ Petition No. 2367/2020

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(4 of 7) [CW-2363/2020]

[2023:RJ-JD:19448]

----Petitioner

Versus

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1. Rajasthan Non-Government Education Institutions Tribunal, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan. 3. Jagdish Prasad S/o Shri Bhagirath Singh, Resident Of Village And Post Tetra, Via Mandawa, District Jhunjhunu.

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----Respondents

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For Petitioner(s)	: Mr. Vishal Sharma
For Respondent(s)	: Mr. Sarwan Kumar
	Mr. D.P. Sharma, through V.C.
	Mr. Hardik Gautam
	Mr. Amit Pareek

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JUSTICE DINESH MEHTA

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Order

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04/07/2023

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Learned counsel for the petitioners submits that the controversy involved in these matters is identical to one decided by this Court in a bunch of writ petitions led by Marudhar Balika Vidyapeeth Vidyawadi Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.6082/2020 and prays that similar directions be issued in the present case.

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Learned counsel for the respondents do not dispute the aforesaid position and prayer.

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Hence, the present writ petitions are also disposed of in terms of the judgment in the case of Marudhar Balika Vidyapeeth Vidyawadi (supra) rendered on 26.04.2023.

[2023:RJ-JD:19448]

[CW-2363/2020]

(5 of 7)

Mr. Sharma, learned counsel for the petitioner – Institution, however, submitted that since Administrator has been appointed and he had not handed over charge to the Managing Committee of the petitioner – Institution, they are not in a position to prepare due drawn statement. He submitted that the Education Department has constituted a Committee for preparation of the due drawn statement and hence, condition no. (i) in relation to preparing due drawn statement be accordingly modified.

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Having heard learned counsel for the parties and in view of the submission noted above, it is hereby ordered that:

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“(i) The Committee appointed by the State Government shall send due drawn statements of the employee(s) to the competent authority of the State Government within a period of 15 days from today (if not already sent).

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(ii) If the due drawn statements of the employees have already been sent, the Committee shall forward a photocopy of the due drawn statement and order of the Tribunal to the respective District Education Officer (D.E.O.) within a period of 15 days from today along with a copy of the order instant.

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(iii) The respective District Education Officer/competent authority of the State Government shall examine and process the same and determine the amount payable to each of the employees within a period of three months from today.

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(iv) On determination/calculation of the amount aforesaid, the State Government/competent authority shall send a copy thereof to the Tribunal giving reference of the Case No. and date of

(6 of 7)

[2023:RJ-JD:19448]

[CW-2363/2020]

decision etc. The State shall also forward a copy to the Educational Institution(s), where the employee(s) had served.

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(v) On receipt of the calculation made by the State Government, the petitioner – Institutions will be required to deposit their share of the amount (10%, 20% or 30%, as the case may be) with the Tribunal within a period of one month from the date of receipt of the calculation sent by the State Government. It will be required of the Institution(s) to inform the employee(s) about the amount being deposited and the calculation of the amount made by the State.

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(vi) On receipt of the information about payment being deposited by the Institution(s), the employee(s) concerned will furnish the details of their bank account before the Tribunal.

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(vii) The State Government shall deposit its share (90%, 80% and 70%, as the case may be) before the Tribunal within a period of six months of the amount having been determined.

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(viii) The amount deposited by the Institutions and the State Government will be remitted in the accounts of the employees forthwith.

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(ix) Upon the full amount as calculated by the State being deposited by the State and the Institutions, the execution proceedings before the Tribunal/Civil Court shall stand closed.

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(x) Since the Tribunal has neither determined the amount nor was any dispute about the amount before the Tribunal raised, each employee shall be free to take up his/her cause afresh before the Tribunal, in case they are not satisfied with the amount calculated by the State Government.

(7 of 7)

[2023:RJ-JD:19448]

[CW-2363/2020]

(xi) Till 31.01.2024, the execution proceedings (if any) pending before the Tribunal or in the concerned Civil Courts shall remain in abeyance.”

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All interlocutory application(s) including stay petitions stand disposed of accordingly.

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(DINESH MEHTA),J

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76-83-Mak/-

J.B. Senior Secondary School v. Rajashtan Non-Government Education Institutions Tribunal

Case brief

What is this about?

What did the court decide?

J.B. Senior Secondary School v. Rajashtan Non-Government Education Institutions Tribunal

Case brief

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What did the court decide?

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J.B. Senior Secondary School, Ladanu Vs Rajasthan Non-Government Education Institutions Tribunal

J.B. Senior Secondary School, Ladanu Vs Rajasthan Non-Government Education Institutions Tribunal