Dismissed

Smt. Alpana Arya W/O Shri Ram Singh v. Managing Committee

Rajasthan HC14 Aug 2023CW/7065/2023

Case brief

AI extract

What is this about?

This order deals with five writ petitions seeking directions to the Rajasthan Non-Government Educational Institutions Tribunal to expedite the hearing and decision of pending appeals against the termination of services of teachers. The Court held it just and proper to direct the petitioners to file an application for early hearing before the Tribunal, which would then endeavour to decide the appea

What did the court decide?

Petitioners directed to move an application for early hearing before the Tribunal; Tribunal to endeavour to decide appeals within one year thereto.

Smt. Alpana Arya W/O Shri Ram Singh Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:17724]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7064/2023

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Dinesh Singh S/o Shri Virender Singh Shekhawat, Aged About 53 Years, R/o Village And Post- Kali Pahari, Via-Ishmailpur, DistrictJhunjhunu, Rajasthan.

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----Petitioner

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Versus

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Managing Committee, B L Primary School, Bagar, DistrictJhunjhunu Through Its Secretary.

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Director, Education (Elementary), Rajasthan, Bikaner.

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District Education Officer, (Elementary), Jhunjhunu.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 7065/2023

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Smt. Alpana Arya W/o Shri Ram Singh, Aged About 59 Years, R/o A- 109, Bhan Nagar, Queens Road, Jaipur.

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----Petitioner

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Versus

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Managing Committee, B L Primary School, Bagar, District Jhunjhunu Through Its Secretary

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Director, Education (Elementary), Rajasthan, Bikaner.

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District Education Officer (Elementary), Jhunjhunu.

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----Respondents

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S.B. Civil Writ Petition No. 7066/2023

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Udai Singh Chouhan S/o Shri Raghuveer Singh Chouhan, R/o Ward No. 8, Kali Pahari, Baggar, District- Jhunjhunu.

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----Petitioner

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Versus

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Managing Committee, Vishwambhar Lal Primary School, Baggar, District- Jhunjhunu Through Its Secretary

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Director, Primary Education, Rajasthan, Bikaner.

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Secretary, Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.

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Jai Prakash Sharma, Secretary, Managing Committee, Vishwambhar Lal Primary School, Baggar, District- Jhunjhunu, Rajasthan.

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Kamal Kumar Maheshwari, 507, Raheja Center, 214, Nariman Point, Mumbai.

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----Respondents

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S.B. Civil Writ Petition No. 7067/2023

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Smt Pushpender Kanwar W/o Shri Mahendra Singh, Aged About 59 Years, R/o Village And Post- Kasari, Via- Jayal, District Nagour, Rajasthan.

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----Petitioner

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Versus

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Managing Committee, B L Primary School, Bagar, District-

(2 of 3)

[2023:RJ-JP:17724]

[CW-7064/2023]

Jhunjhunu Through Its Secretary.

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Director, Education (Elementary), Rajasthan, Bikaner.

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District Education Officer, (Elementary), Jhunjhunu.

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----Respondents

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S.B. Civil Writ Petition No. 7395/2023

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Vijay Pal Sharma S/o Shri Bhagwan Dutt Sharma, R/o Post- Ranasar, District Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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Managing Committee, Vishwambhar Lal Primary School, Baggar, District Jhunjhunu Through Its Secretary

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Director, Primary Education, Rajasthan, Bikaner.

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Secretary, Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.

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Jai Prakash Sharma, Secretary, Managing Committee, Vishwambhar Lal Primary School, Baggar, District Jhunjhunu, Rajasthan.

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Kamal Kumar Maheshwari, 507, Raheja Center, 214, Nariman Point, Mumbai.

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----Respondents

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For Petitioner(s) : Mr. Gajendra Singh Rathore For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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14/08/2023

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Petitioners are aggrieved by not deciding their appeal Nos. 241/2015(49/2011), 240/2015(48/2011), 168/2015(56/2011), 242/2015 (50/2011), 167/2015(57/2011) respectively, challenging their termination order dated 26.04.2011, which are pending at the stage of hearing before the Rajasthan NonGovernment Educational Institutions Tribunal, Jaipur (hereinafter referred as “the Tribunal”).

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By way of instant writ petitions, petitioners have made a limited prayer to issue directions to the Tribunal to decide the pending appeals expeditiously and within time schedule.

(3 of 3)

[2023:RJ-JP:17724]

[CW-7064/2023]

Counsel for petitioners submits that petitioners filed respective appeals way back in the year 2011, assailing their termination order dated 26.04.2011 from the post of Teacher. It has been submitted that respondents have filed the reply. Thus, pleadings of appeals are complete but for one or another reason, apparently, not on the part of petitioners, appeals have not been heard till date despite of persuasion on behalf of petitioners. In such peculiar circumstances, the right of expeditious hearing is being jeopardized, hence, suitable directions be issued to the Tribunal.

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Having considered aforesaid submissions and considering the period of pendency of appeals as much as considering the nature of appeals, this Court deems it just and proper to observe that petitioners may move an application for early hearing of appeals before the Tribunal itself with an advance copy to counsel for respondents. The Tribunal may first take up appeals on application for early hearing and fix a date for hearing of appeals at the earliest, and would make an endeavour to decide aforesaid appeals preferably within a period of one year thereafter, if possible.

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Accordingly, all writ petitions stand disposed of.

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Stay applications and other pending application(s), if any, stand disposed of.

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(SUDESH BANSAL),J

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TN/37-41

Smt. Alpana Arya W/O Shri Ram Singh v. Managing Committee

Case brief

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Smt. Alpana Arya W/O Shri Ram Singh v. Managing Committee

Case brief

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