Disposed

Managing Committee v. Smt Kalpana Patil and Anr.

Rajasthan HC28 Aug 2024CW/6787/2017

Case brief

AI extract

What is this about?

Aided-school managements challenged Tribunal directions requiring them to pay gratuity, PL encashment and 6th Pay Commission dues of employees absorbed by the State from 01.07.2011. Following the Division Bench decision in State of Rajasthan v. Management Committee Sh. Bhagwan Das Todi College and Manju Saxena, the Court modified the Tribunal orders: the State pays dues except gratuity, the manage

What the court decided

AI extract

Managing Committee Vs Smt Kalpana Patil and Anr. — Education and Admissions | Rajasthan HC (2024)

¶1

[2024:RJ-JP:36066]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 6758/2017

¶4

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its

¶5

----Petitioner

¶6

Versus

¶7

Smt. Kawal Jeet Kaur Wife Of Shri Trilochan Singh Kapoor, 319, Near Sewa Sadan, D-Block, Adarh Nagar, Jaipur.

¶8

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner.

¶9

----Respondents

¶10

Connected With

¶11

S.B. Civil Writ Petition No. 6759/2017

¶12

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its

¶13

----Petitioner

¶14

Versus

¶15

Jagdish Narain Son Of Shri Kalyan Sahai, B-84, Phase Iii, Jhalana Doongri, Jaipur

¶16

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶17

----Respondents

¶18

S.B. Civil Writ Petition No. 6763/2017

¶19

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶20

----Petitioner

¶21

Versus

¶22

Smt. Usha Shekhawat Wife Of Shri Veer Bahadur Singh Rathore, C-124A, Singh Bhoomi, Khatipura, Jaipur.

¶23

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶24

----Respondents

¶25

S.B. Civil Writ Petition No. 6764/2017

¶26

Managing Committee Of Sri Guru Nanak Dev Senior Secondary

(2 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶31

----Petitioner

¶32

Versus

¶33

Smt. Anita Gandhi Wife Of Shri Arun Gandhi, 73A, Taneja Block, Adarsh Nagar, Jaipur.

¶34

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶35

----Respondents

¶36

S.B. Civil Writ Petition No. 6765/2017

¶37

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶38

----Petitioner

¶39

Versus

¶40

Smt. Jaspal Kaur Wife Of Shri Gurendra Pal Singh, 235, Guru Nanakpura, Adarsh Nagar, Jaipur

¶41

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶42

----Respondents

¶43

S.B. Civil Writ Petition No. 6766/2017

¶44

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶45

----Petitioner

¶46

Versus

¶47

Smt. Sandhya Khare Wife Of Shri D.k. Khare, 4-Ma-40, Jawahar Nagar, Jaipur

¶48

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶49

----Respondents

¶50

S.B. Civil Writ Petition No. 6767/2017

¶51

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

----Petitioner

(3 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

Versus

Kailash Gurjar Son Of Shri Roop Narayan Gurjar, A-21, Dundla House, Nandpuri, 22-Godam, Jaipur

¶58

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶59

----Respondents

¶60

S.B. Civil Writ Petition No. 6775/2017

¶61

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶62

----Petitioner

¶63

Versus

¶64

Smt. Kamal Sharma Wife Of Shri Om Prakash Sharma, B- 10-F, Flat No. 300-301, Govind Marg, Adarsh Nagar, Jaipur.

¶65

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶66

----Respondents

¶67

S.B. Civil Writ Petition No. 6776/2017

¶68

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶69

----Petitioner

¶70

Versus

¶71

Smt. Sudesh Khurana Wife Of Shri Ashok Kumar, 24/97, Swarna Path, Mansarovar, Jaipur.

¶72

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶73

----Respondents

¶74

S.B. Civil Writ Petition No. 6785/2017

¶75

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its

¶76

----Petitioner

¶77

Versus

¶78

Smt. Kiran Arya Alias Smt. Kiran Mehta Wife Of Shri Shyam Sunder Mehta, 363, Gurunanakpura, Adarsh

(4 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

Nagar, Jaipur.

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner.

¶84

----Respondents

¶85

S.B. Civil Writ Petition No. 6786/2017

¶86

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶87

----Petitioner

¶88

Versus

¶89

Smt. Sumita Gupta Wife Of Shri Prakash Garg, 4/357, Jawahar Nagar, Jaipur.

¶90

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶91

----Respondents

¶92

S.B. Civil Writ Petition No. 6787/2017

¶93

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶94

----Petitioner

¶95

Versus

¶96

Smt. Kalpana Patil Wife Of Shri Srikant Patil, 13/120, Malviya Nagar, Jaipur.

¶97

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶98

----Respondents

¶99

S.B. Civil Writ Petition No. 6795/2017

¶100

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 58 Years.

¶101

----Petitioner

¶102

Versus

¶103

Dau Dayal Son Of Shri Kamal Niwas, 55, Durga Vihar A, Jaisa Bohra, Jhotwara, Jaipur.

¶104

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

(5 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

----Respondents

S.B. Civil Writ Petition No. 6798/2017

¶110

Managing Committee Of Sri Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its

¶111

----Petitioner

¶112

Versus

¶113

Smt. Durgesh Sharma Wife Of Shri Gyanesh Prakash Sharma, 10/582, Kaveri Path, Mansarovar, Jaipur

¶114

Director, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner

¶115

----Respondents

¶116

S.B. Civil Writ Petition No. 20100/2018

¶117

Managing Committee Of Shree Guru Nanak Dev Senior Secondary School, Adarsh Nagar, Jaipur Through Its Secretary, Sardar Jasbeer Singh Son Of Sardar Kartar Singh, Aged 59 Years.

¶118

----Petitioner

¶119

Versus

¶120

Kanhaiya Lal Son Of Late Shri Ganesh Lal, By Caste Chanka, Resident Of Plot No. 64, Hathi Babu Ka Bagh, Opposite Polo Victory Cinema, Jaipur.

¶121

Commissioner, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner.

¶122

----Respondents

¶123

S.B. Civil Writ Petition No. 5081/2019

¶124

Managing Committee, Adarsh Vidhya Mandir (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶125

----Petitioner

¶126

Versus

¶127

Sanjay Goyal Son Of Shri Suresh Kumar Goyal, Resident Of Plot No. 122, Sector 12, Malviya Nagar, Jaipur.

¶128

Commissioner, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner.

----Respondents

(6 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

S.B. Civil Writ Petition No. 5084/2019

¶134

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhaya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶135

----Petitioner

¶136

Versus

¶137

Mahaveer Prasad Mali S/o Shri Hanuman Prasad Mali, R/o 45, Gaytri Nagar First, Tonk Road, Jaipur.

¶138

Commissioner, Secondary Education, Rajasthan, Lalgarh Palace, Bikaner.

¶139

----Respondents

¶140

S.B. Civil Writ Petition No. 20097/2019

¶141

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶142

----Petitioner

¶143

Versus

¶144

Dharam Dutt Sharma S/o Sh. Ramjas Sharma, R/o 7/52, Malviya Nagar, Jaipur.

¶145

Commissioner, Secondary Education/primary Education, Rajasthan, Bikaner.

¶146

----Respondents

¶147

S.B. Civil Writ Petition No. 20300/2019

¶148

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶149

----Petitioner

¶150

Versus

¶151

Chandra Shekhar Sharma S/o Karuna Shanker Sharma, R/o 7 T 23, Jawahar Nagar, Jaipur.

¶152

Commissioner, Secondary Education/ Primary Education, Rajasthan, Bikaner.

----Respondents

(7 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

S.B. Civil Writ Petition No. 20728/2019

¶158

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶159

----Petitioner

¶160

Versus

¶161

Murlidhar Sharma S/o Sh. Sitaram Sharma, R/o 59, Puranbari Model Town -C, Malviya Nagar, Jaipur.

¶162

Commissioner, Secondary Education/primary Education, Rajasthan, Bikaner.

¶163

----Respondents

¶164

S.B. Civil Writ Petition No. 2923/2020

¶165

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶166

----Petitioner

¶167

Versus

¶168

Jai Prakash Sharma S/o Sh. Maeharchand Sharma, R/o C- 68, Model Town, Malviya Nagar, Jaipur.

¶169

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶170

----Respondents

¶171

S.B. Civil Writ Petition No. 2925/2020

¶172

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir ) Adarsh Nagar, Jaipur Through Its Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶173

----Petitioner

¶174

Versus

¶175

Sudhir Goswami S/o Shri Hit Jeewan Goswami, R/o 7/39, Malviya Nagar, Jaipur.

¶176

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶177

----Respondents

¶178

S.B. Civil Writ Petition No. 2929/2020

¶179

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its

¶180

(8 of 25) [CW-6758/2017]

¶181

[2024:RJ-JP:36066]

¶182

Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶183

----Petitioner

¶184

Versus

¶185

Bheem Singh Shekhawat S/o Shri Mukund Singh Shekhawat, R/o B-92, New Satya Nagar, Jhotwara, Jaipur.

¶186

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶187

----Respondents

¶188

S.B. Civil Writ Petition No. 2930/2020

¶189

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶190

----Petitioner

¶191

Versus

¶192

Bhagwati Charan Bhatt S/o Shri Bhawani Dutt Bhatt, R/o P.no. 60, Sindhi Colony, Near Devi Mandir, Raja Park, Jaipur.

¶193

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶194

----Respondents

¶195

S.B. Civil Writ Petition No. 2994/2020

¶196

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir ) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶197

----Petitioner

¶198

Versus

¶199

Shambhu Singh S/o Shri Ratan Singh, R/o Village Bhawani Pura, Post Khajal Pura, Via Padampura, Chaksu, District Jaipur.

¶200

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶201

----Respondents

¶202

S.B. Civil Writ Petition No. 3456/2020

¶203

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir ) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal

[2024:RJ-JP:36066]

[CW-6758/2017]

(9 of 25)

Choudhary.

----Petitioner

Versus

Ramsewak Gangwar S/o Sh. Kamta Prasad Gangwar, R/o Plot No. 14, Sumer Nagar-Ii, New Sanganer Road, Mansarovar, Jaipur.

¶211

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶212

----Respondents

¶213

S.B. Civil Writ Petition No. 4857/2020

¶214

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶215

----Petitioner

¶216

Versus

¶217

Smt. Shashi Agarwal W/o Sh. Gopal Krishan Agarwal, D/o Sh. Rajendra Kumar Goyal, R/o 21, Ram Gali No. 7, Rajapark, Adarsh Nagar, Jaipur.

¶218

Director, Primary Education, Rajasthan, Bikaner.

¶219

----Respondents

¶220

S.B. Civil Writ Petition No. 4909/2020

¶221

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶222

----Petitioner

¶223

Versus

¶224

Ram Bhajan Sharma S/o Shri Hanuman Prasad Sharma, R/o 45, Sarswati Colony, Behind Bpl Godown, Goner Road, Jaipur.

¶225

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶226

----Respondents

¶227

S.B. Civil Writ Petition No. 4913/2020

¶228

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal

[2024:RJ-JP:36066]

[CW-6758/2017]

(10 of 25)

Choudhary.

----Petitioner

Versus

Bahadur Singh Bareth S/o Shri Ram Singh Bareth, R/o B- 18, Shiv Shakti Nagar, Jagatpura Road, Jaipur.

¶236

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶237

----Respondents

¶238

S.B. Civil Writ Petition No. 4914/2020

¶239

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶240

----Petitioner

¶241

Versus

¶242

Kausladhish Mishra S/o Sh. Ram Laut Mishra, R/o 12/472, Malviya Nagar, Jaipur.

¶243

Director, Primary Education, Rajasthan, Bikaner

¶244

----Respondents

¶245

S.B. Civil Writ Petition No. 4918/2020

¶246

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶247

----Petitioner

¶248

Versus

¶249

Rajesh Kumar Bohra S/o Shri Jagdish Prasad Bohra, R/o Bohra Colony, Near Pankha, Jhotwara, Jaipur.

¶250

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶251

----Respondents

¶252

S.B. Civil Writ Petition No. 4953/2020

¶253

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

----Petitioner

Versus

(11 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

Babulal Gupta S/o Sh. Ramlal Gupta, R/o 11, Guru Colony, Radha Kishan Mandir, Goner Road, Jaipur.

¶260

Director, Primary Education, Rajasthan, Bikaner.

¶261

----Respondents

¶262

S.B. Civil Writ Petition No. 6138/2020

¶263

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶264

----Petitioner

¶265

Versus

¶266

Smt. Bharti Ahuja W/o Shri Ajit Ahuja, R/o 5-Jha-79, Jawahar Nagar, Jaipur.

¶267

Director, Elementary Education, Rajasthan, Bikaner.

¶268

----Respondents

¶269

S.B. Civil Writ Petition No. 6139/2020

¶270

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir ) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶271

----Petitioner

¶272

Versus

¶273

Om Prakash Bansal S/o Shri Ram Swaroop Bansal, R/o 77/44, Arawali Marg, Mansarovar, Jaipur.

¶274

Director, Elementary Education, Rajasthan, Bikaner

¶275

----Respondents

¶276

S.B. Civil Writ Petition No. 6140/2020

¶277

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶278

----Petitioner

¶279

Versus

¶280

Surendra Singh Katiyar S/o Shri Vijay Singh Katiyar, R/o 2-Ta-1, Jawahar Nagar, Jaipur.

¶281

Director, Elementary Education, Rajasthan, Bikaner.

[2024:RJ-JP:36066]

[CW-6758/2017]

(12 of 25)

----Respondents

S.B. Civil Writ Petition No. 8725/2020

¶287

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶288

----Petitioner

¶289

Versus

¶290

Pratap Singh Dhariwal S/o Shri Gopal Ram, R/o B-29-D, Govind Marg, Near Barfkhana, Adarsh Nagar, Jaipur.

¶291

Director, Elementary Education, Rajasthan, Bikaner.

¶292

----Respondents

¶293

S.B. Civil Writ Petition No. 8726/2020

¶294

Managing Committee Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary

¶295

----Petitioner

¶296

Versus

¶297

Anil Pratap Singh S/o Shri Narendra Singh, R/o 458, Barket Nagar, Tonk Phatak, Jaipur

¶298

Commissioner, Secondary Education, Rajasthan Bikaner

¶299

----Respondents

¶300

S.B. Civil Writ Petition No. 8751/2020

¶301

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Chouthary S/o Amilal Choudhary.

¶302

----Petitioner

¶303

Versus

¶304

Urmila Khunteta W/o Late Sh. Shiv Charan Khunteta, Aged About 63 Years, R/o Raghugovind Niwas, Near Masjid, Village Bassi District Jaipur (Raj.)

¶305

Hari Mohan Kuteta S/o Late Sh. Shiv Charan Khunteta, Aged About 40 Years, R/o Raghugovind Niwas, Near Masjid, Village Bassi District Jaipur (Raj.)

(13 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

Nidhi Khandelwal W/o Naveen Khandelwal, Aged About 38 Years, R/o C-6, Shiv Park, Ambabadi, Jaipur (Raj.)

¶310

Meenu Khunteta W/o Late Sh. Bharat Khunteta, Aged About 36 Years, R/o Raghugovind Niwas, Near Masjid, Village Bassi District Jaipur (Raj.)

¶311

Director/commissioner, Elementary Education, Rajasthan, Bikaner, (Raj.)

¶312

----Respondents

¶313

S.B. Civil Writ Petition No. 8901/2020

¶314

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶315

----Petitioner

¶316

Versus

¶317

Ashok Kumar Agarwal S/o Late Shri Roshan Lal Agarwal, R/o 69/300, Veer Teja Ji Road, Mansarovar, Jaipur.

¶318

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶319

----Respondents

¶320

S.B. Civil Writ Petition No. 8902/2020

¶321

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶322

----Petitioner

¶323

Versus

¶324

Kalyan Sahai Sharma S/o Late Shri Nanag Ram Sharma, R/o 31-A, In Front Of Airport, Govind Nagar, Sanganer, Jaipur.

¶325

Commissioner, Elementary Education, Rajasthan, Bikaner.

(14 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

----Respondents

S.B. Civil Writ Petition No. 9707/2020

¶331

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Chouthary S/o Amilal Choudhary.

¶332

----Petitioner

¶333

Versus

¶334

Shiv Pal Singh Kushwaha S/o Late Shri Lakhan Singh Kushwaha, R/o D-812, Malviya Nagar, Jaipur.

¶335

Commissioner, Secondary Education, Rajasthan, Jaipur.

¶336

----Respondents

¶337

S.B. Civil Writ Petition No. 9739/2020

¶338

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir ) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶339

----Petitioner

¶340

Versus

¶341

Smt. Jankesh Parnami W/o Shri Ramesh Parnami, R/o 5- Gha-13, Jawaharnagar, Jaipur.

¶342

Director, Elementary Education, Rajasthan, Bikaner.

¶343

----Respondents

¶344

S.B. Civil Writ Petition No. 11356/2020

¶345

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary

¶346

----Petitioner

¶347

Versus

¶348

Arun Prakash Singh S/o Shri Gaya Singh, R/o 19, Rakeshwarpuri, Rakri, Hatwara Road, Sodala, Jaipur

¶349

Commissioner, Secondary Education, Rajasthan, Bikaner

¶350

----Respondents

¶351

S.B. Civil Writ Petition No. 11434/2020

¶352

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary

¶353

(15 of 25) [CW-6758/2017]

¶354

[2024:RJ-JP:36066]

¶355

Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary

¶356

----Petitioner

¶357

Versus

¶358

Pooran Mal Sharma S/o Shri Bhola Ram Sharma, R/o Plot No. 4, Pooja Vihar, Jamdoli, Jaipur- 302031

¶359

Commissioner, Secondary Education, Rajasthan, Bikaner

¶360

----Respondents

¶361

S.B. Civil Writ Petition No. 11459/2020

¶362

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir ) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary

¶363

----Petitioner

¶364

Versus

¶365

Ravi Kumar Godika S/o Shri Mahaveer Kumar Godika, R/o 63, Shree Ji Nagar, Durgapura, Jaipur

¶366

Commissioner, Secondary Education, Rajasthan, Bikaner

¶367

----Respondents

¶368

S.B. Civil Writ Petition No. 14256/2020

¶369

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶370

----Petitioner

¶371

Versus

¶372

Harswaroop Gupta S/o Shri Jai Narain Gupta, R/o 225, Jai Niwas, Ramkhol, Narsingh Ji Ki Bagichi, Amer Bye Pass Road, Jaipur.

¶373

Director, Elementary Education, Rajasthan, Bikaner.

¶374

----Respondents

¶375

S.B. Civil Writ Petition No. 14258/2020

¶376

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal

[2024:RJ-JP:36066]

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(16 of 25)

Choudhary.

----Petitioner

Versus

Gulab Chand Sharma S/o Shri Battu Lal Sharma, R/o Ff 27, Phase-Iii, J.d.a. Colony, Jhalana Doongri, Jaipur.

¶384

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶385

----Respondents

¶386

S.B. Civil Writ Petition No. 14261/2020

¶387

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶388

----Petitioner

¶389

Versus

¶390

Bhawesh Bhardwaj S/o Late Shri Nathu Lal Sharma, R/o 71/207, Near Kv-5, Bairaiv Path, Mansarowar, Jaipur.

¶391

Director, Elementary Education, Rajasthan, Bikaner.

¶392

----Respondents

¶393

S.B. Civil Writ Petition No. 14262/2020

¶394

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶395

----Petitioner

¶396

Versus

¶397

Rajendra Gandhi S/o Sh. Prabhu Dass Gandhi, R/o Plot No. 65, Road No. 4, Moti Nagar, Queens Road, Jaipur.

¶398

Director, Elementary Education, Rajasthan, Bikaner.

¶399

----Respondents

¶400

S.B. Civil Writ Petition No. 14263/2020

¶401

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

----Petitioner

Versus

(17 of 25)

[2024:RJ-JP:36066]

[CW-6758/2017]

Manoj Kumar Bhatnagar S/o Shri Prakash Chand Bhatnagar, R/o 3/243, Malviya Nagar, Jaipur.

¶408

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶409

----Respondents

¶410

S.B. Civil Writ Petition No. 14264/2020

¶411

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶412

----Petitioner

¶413

Versus

¶414

Smt. Archana Makan W/o Dipendra Pal Makan, R/o 4/711, Jawahar Nagar, Jaipur.

¶415

Director, Elementary Education, Rajasthan, Bikaner.

¶416

----Respondents

¶417

S.B. Civil Writ Petition No. 14267/2020

¶418

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶419

----Petitioner

¶420

Versus

¶421

Hanuman Prasad Sharma S/o Shri Hazari Lal Sharma, R/o 49, Surya Nagar, Taro Ki Koot, Tonk Road, Jaipur.

¶422

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶423

----Respondents

¶424

S.B. Civil Writ Petition No. 14268/2020

¶425

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶426

----Petitioner

¶427

Versus

¶428

Commissioner, Secondary Education, Rajasthan, Bikaner.

¶429

----Respondent

¶430

S.B. Civil Writ Petition No. 14278/2020

(18 of 25)

[2024:RJ-JP:36066]

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Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir), Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶435

----Petitioner

¶436

Versus

¶437

Ganesh Lal Mahawar S/o Sh. Prabhati Lal Mahawar, R/o 3456, Chowkri Topkhana, Kothi Kolian, Mohalla Papad Walon Ka, Jaipur.

¶438

Director, Elementary Education, Rajasthan, Bikaner.

¶439

----Respondents

¶440

S.B. Civil Writ Petition No. 1885/2021

¶441

Managing Committee, Adarsh Vidhya Mandir, (Higher Secondary Adarsh Vidhya Mandir) Adarsh Nagar, Jaipur Through Its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary.

¶442

----Petitioner

¶443

Versus

¶444

Bhagwan Swaroop Sharma S/o Shri Harish Chand Sharma, R/o 38, Shiva Colony, 11, New Sanganer Road, Jaipur.

¶445

Director, Elementary Education, Rajasthan, Bikaner

¶446

----Respondents

¶447

S.B. Civil Writ Petition No. 9796/2021

¶448

Managing Committee, Shri Rani Satiji Balika Vidhyapeeth (Secondary School), Chuna Chowk, Poddar Gate, Nawalgarh, District Jhunjhunu Through Secretary Shri Subhash Jain.

¶449

----Petitioner

¶450

Versus

¶451

Smt. Sarla Sharma W/o Late Shri Satya Narayan Sharma, Aged About 67 Years, R/o Jhaknadiya Bhawan, Opp. Rani Sati School, Chuna Chowk, Poddar Gate, Nawalgarh, District Jhunjhunu (Raj.)

¶452

Director/commissioner, Secondary Education, Rajasthan, Bikaner (Raj.)

¶453

Patodiya Welfare Society, Chuna Chowk, Poddar Gate, Nawalgarh, District Jhunjhunu Through Secretary.

¶454

[CW-6758/2017]

¶455

[2024:RJ-JP:36066]	(19 of 25) [CW-6758/2017 ----Respondents
For Petitioner(s)	: Mr. Nitesh Pareek
For Respondent(s)	: Mr. Vikas Kabra Mr. Anupam Agarwal Ms. Namita Parihar, Dy. GC Mr. Gopal Krishan Sharma, Addl. GC

¶456

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

¶457

Order

¶458

28/08/2024

¶459

Since the common question of law and facts are involved in these writ petitions, hence, with the consent of counsel for the parties, these matters are taken up together for final disposal and the same are being decided by this common order.

¶460

The respondents were working in the petitioner-management against the sanctioned post. Their services were absorbed by the State, in terms of the Rajasthan Voluntary Rural Education Service Rules, 2010 (hereinafter referred to as “the Rules of 2010”). The respondents approached the Rajasthan Non-Government Educational Institutions Tribunal (hereinafter referred to as “the Tribunal”) by way of filing different applications/appeals under the relevant provisions contained under Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as “the Act of 1989”) and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as “the Rules of 1993”) framed thereunder for grant of payment of gratuity, amount of Privilege Leave (PL) Encashment and due amount of 6^th Pay Commission. The applications/appeals submitted by the

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respondents were allowed by different orders directing the petitioner-management to make the payment of the aforesaid amount with interest with effect from the date, the same became due.

¶465

Feeling aggrieved by certain portion/part of the directions/order passed by the Tribunal, the petitionermanagement has approached this Court seeking modification in the order passed by the Tribunal on the ground that the petitionermanagement is an aided institution and has been receiving certain grant-in-aid from the State Government, hence, under these circumstances, the petitioner-management is liable to pay its respective share to the respondents-employees. Learned counsel submits that the amount of grant-in-aid is liable to be paid by the State in terms of the judgment dated 06.11.2015 passed by the Division Bench of this Court in the case of State of Rajasthan & Another Versus The Management Committee Sh. Bhagwan

¶466

Das Todi College, D.B. Special Appeal (Writ) No.663/2015 . Learned counsel submits that the controversy involved in this petition has been set at rest by the Hon’ble Apex Court in the case of State of Rajasthan Versus Manju Saxena & Others, (Special Leave to Appeal (C) No(s).13791/2019) decided on 09.09.2021. Learned counsel submits that the petitionermanagement is ready to pay its respective share to the respondents-employees and the respondent-State be directed to pay the rest of the amount to the respondents-employees in terms of the directions issued by this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (supra) and the directions issued by

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the Hon’ble Apex Court in the case of State of Rajasthan Versus Manju Saxena (supra). Learned counsel submits that the order/judgment passed by the Tribunal be modified to that extent and accordingly these writ petitions be disposed of in the light of similar directions issued in the aforesaid cases.

¶471

Per contra , learned counsel for the respondent-employees opposed the arguments raised by counsel for the petitionermanagement and submitted that prior to absorption of services of the respondent-employees, the petitioner-management was legally bound to make the payment of due amount of gratuity, PL Encashment and the benefits of 6^th Pay Commission to the respondents-employees. Learned counsel submits that the services of the respondents-employees were absorbed by the State with effect from 01.07.2011 and prior to the said date the petitioner-management is liable to make the payment of all the aforesaid due amounts with interest. Learned counsel submits that without any justified reason, the valid claim of the respondentsemployees were withheld by the petitioner-management, hence, under these circumstances, the respondent-employees are entitled to get a suitable amount of interest on the delayed payment of the due amount from the petitioner-management as well as by the respondent-State.

¶472

Per contra , learned counsel for the respondent-State opposed the arguments raised by learned counsel for the petitioner and submitted that in terms of the directions issued by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (supra), till date the petitioner-

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management has not submitted any due drawn statement of the respondents-employees to the State, hence, under these circumstances, the payment, if any, on the part of the State was not made, therefore, the respondent-State is not liable to pay any amount of interest to the respondent-employees. Learned counsel submits that, under these circumstances, these writ petitions are liable to be rejected.

¶477

Heard and considered the submissions made at Bar and perused the material available on record. 7. Perusal of the record indicates that all the respondentsemployees were working on different sanctioned posts with the petitioner-managements prior to their absorption in service by the State Government with effect from 01.07.2011. When the payment of their gratuity, amount of PL Encashment and dues of 6^th pay commission were not made to them, they approached the Tribunal by way of filing different applications/appeals for redressal of their grievances. Their appeals/applications were allowed by the Tribunal, by issuing directions to the petitionermanagement to make payment of all the amounts with interest with effect from the date, when the same became due, in terms of the judgment passed by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (supra).

¶478

Now, the question which remains for consideration of this Court is whether after the judgment passed by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (supra), the petitioner-management is liable to make payment of

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the entire due amount of Gratuity, PL Encashment and the benefits of the 6^th Pay Commission to the respondents-employees or not. As per the judgment passed by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (supra), the petitioner-management is liable to make payment of its respective share towards the due amount of the respondentemployees and the State is liable to pay due amount of the grantin-aid which the petitioner-management is entitled for. Hence, under these circumstances, the petitioner-managements is liable to make payment of its due share against which no grant-in-aid was sanctioned to the petitioner, but so far as the payment of amount of gratuity is concerned, the petitioner is liable to make the entire payment of gratuity to the respondents-employees, which has not been paid by them in some of the matters.

¶483

Since the controversy involved in these writ petitions has already been set at rest by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (supra) and by the Hon’ble Apex Court in the case of State of Rajasthan Versus Manju Saxena (supra), these writ petitions stand disposed of with the following directions:-

¶484

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

(24 of 25)

[2024:RJ-JP:36066]

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account of its submission beyond the aforesaid period of 15 days.

¶489

(ii) The State Government shall ensure payment of dues barring gratuity to the respondents-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.

¶490

(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.

¶491

(iv) The State Government shall ensure payment of arrears of grant-in-aid to those education institutions who have already paid the entire dues to its employee(s).

¶492

(v) The aforesaid payment of the grant-in-aid to the educational institutions shall be payable only if they pay, if not already paid their share of the dues to the respondents-employees, within a period of 60 days with interest with effect from 01.07.2011.

¶493

(vi) The directions issued by the learned Tribunal to the contrary, shall stand modified accordingly except qua gratuity.”

¶494

The directions issued by the Tribunal being contrary to the judgment passed by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh.

¶495

Bhagwan Das Todi College (supra) accordingly stand modified except the directions issued regarding gratuity.

¶496

The respondent-employees who have received the amount of gratuity would be entitled to get interest over the said gratuity amount from the date, it has become due to them till the date they have actually received the amount of gratuity.

(25 of 25)

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It is made clear that if the directions issued by this Court are not complied with by the petitioner-management and the respondent-State within the above stipulated period, the respondent-employees would be entitled to get interest @ 9% per annum from today.

¶501

(ANOOP KUMAR DHAND),J

¶502

Karan/245-301

Managing Committee v. Smt Kalpana Patil and Anr.

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Managing Committee v. Smt Kalpana Patil and Anr.

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