Disposed

Smt Kiran Bhatia W/O Shri Tilak Bhatia v. State of Rajasthan

Rajasthan HC3 Feb 2025CW/1057/2025

Case brief

AI extract

What is this about?

Writ petition disposed of by directing respondents to consider and decide petitioners' representation regarding salary arrears and dues in light of a Division Bench precedent within four months, following submission of a comprehensive representation within four weeks.

What did the court decide?

Directing respondents to consider and decide representation regarding salary arrears and other dues within four months of receipt.

Smt Kiran Bhatia W/O Shri Tilak Bhatia Vs State of… — Service and Employment | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.1057/2025

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Smt Kiran Bhatia W/o Shri Tilak Bhatia, Resident Of 387, Gurunanak Pura, Adarsh Nagar, Jaipur.

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Smt. Meena Sachdeva W/o Late Shri Avinash Chand, Resident Of 56/50, Rajat Path, Mansarovar, Jaipur.

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Smt. Neerja Sharma Mehta W/o Shri Madan Mohan Mehta, Resident Of A-148, Malviya Nagar, Jaipur.

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Smt. Bharti Bhargava W/o Shri Naresh Bhargava, Resident Of 60/50, Pratap Nagar, Jaipur.

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Smt. Pushp Lata Sharma W/o Shri Harish Chandra, Resident Of E-99, Subhash Marg, C-Scheme, Jaipur.

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Smt. Manju Jain W/o Shri Jai Prakash Jain, R/o 69/266 V.t. Road, Mansarovar, Jaipur, Rajasthan.

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Smt. Manju Jain W/o Shri Jai Prakash Jain, R/o 69/266 V.t. Road, Mansarovar, Jaipur, Rajasthan.

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Smt. Sunita Sardana Wife Of Shri Dinesh Kumar Sardana, Resident Of House No. 98, Himmat Nagar, Gopalpura, Tonk Road, Jaipur .

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary To The Government Of Rajasthan, Department Of School Education, Secretariat, Jaipur.

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The Secretary To The Government Of Rajasthan, Department Of School Education, Secretariat, Jaipur.

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The Director, Elementary Education , Government Of Rajasthan, Bikaner.

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The District Education Officer, Elementary Education, Government Of Rajasthan, Shiksha Sankul, Jaipur.

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The Secretary, Managing Committee, Vidhya Samiti Arya Samaj For Vedik Kanya Secondary School, Raja Park, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Yellop Singh Ms. Nidhi Sharma For Respondent(s) : Mr. Gopal Krishan Sharma, Addl. GC

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JUSTICE ANOOP KUMAR DHAND

Order

03/02/2025

[CW-1057/2025]

(2 of 3)

Learned counsel for the petitioner(s) at the very outset submits that since the controversy has been set at rest by the Division Bench of this Court in the case of State of Rajasthan & Ors. Vs. The Management Committee, Shri Bhagwan Das

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Todi Collage & Ors .: 2016 (3) RLW 1911 (Raj.); hence for the present, the petitioner(s) would be satisfied if the respondents are directed to consider and decide the representation of the petitioner(s) within a time frame.

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The Division Bench of this Court while dealing with somewhat identical controversy in the case of Bhagwan Das Todi Collage (supra) , observed thus:-

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“45. 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 Non-Government 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 similarly situated under intimation to the concerned Non-Government Recognized Institution.

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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

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[CW-1057/2025]

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(3 of 3)

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Government and the Non-Government 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 all such employees who are similarly situated, in the manner as directed by this court and indicated above.”

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In view of the above and the prayer addressed; the instant writ petition stands disposed off in terms of the order in the case of Bhagwan Das Todi Collage (supra) as extracted hereinabove. The petitioner(s) would address a comprehensive representation detailing out the factual matrix within four weeks hereinafter to the concerned respondents.

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In case, a representation is so addressed within the aforesaid period, the respondents are directed to consider and decide the same by a reasoned and speaking order in the backdrop of the adjudication in the case of Bhagwan Das Todi Collage (supra), as expeditiously as possible; preferably within four months from the date of receipt of the representation along with a certified copy of this order.

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With the observations and directions, as indicated above, the writ petition as well as stay application stand disposed of.

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(ANOOP KUMAR DHAND),J

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Karan/43

Smt Kiran Bhatia W/O Shri Tilak Bhatia v. State of Rajasthan

Case brief

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Smt Kiran Bhatia W/O Shri Tilak Bhatia v. State of Rajasthan

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