The Director of Education Vs Vijay Mathur S/O Shri L.P. Mathur

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[2025:RJ-JP:27058]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7481/2025

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The Director Of Education, (College Education), State Of Rajasthan, Directorate, Of College Education, Jaipur.

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----Petitioner

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Versus

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Harish Ramchandani S/o Shri Narain Das Ji, R/o 2 Gh-9, Ajay Nagar, H.b. Ajmer.

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Management Committee, Adarsh Degree College, Ajmer, Nawab-Ka-Bera, Ajmer, Through Its Chairman C/o Adarsh Shikshan Samiti, New Majestic Cinema, Parao, Ajmer Through Chairman.

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Management Committee, Adarsh Degree College, Ajmer, Nawab-Ka-Bera, Ajmer, Through Its Chairman C/o Adarsh Shikshan Samiti, New Majestic Cinema, Parao, Ajmer Through Chairman.

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Adarsh Shikshan Samiti, Near New Majestic Cinema, Parao, Ajmer, Through Its Chairman.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 7691/2025

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The Director Of Education, (College Education), State Of Rajasthan, Directorate Of College Education, Jaipur.

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----Petitioner

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Versus

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Vijay Mathur S/o Shri L.p. Mathur, Aged 51 Years, R/o Plot No. 2, New Shiv Mandir, Alaknanda Colony, Ratidang, Vaishali Nagar, Ajmer, Rajasthan.

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Management Committee, Adarsh Degree College, Ajmer, Nawab-Ka-Bera, Ajmer, Through Its Chairman C/o Adarsh Shikshan Samiti, New Majestic Cinema, Parao, Ajmer Through Chairman.

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Management Committee, Adarsh Degree College, Ajmer, Nawab-Ka-Bera, Ajmer, Through Its Secretary C/o Adarsh Shikshan Samiti, New Majestic Cinema, Parao, Ajmer Through Chairman.

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Adarsh Shikshan Samiti, Near New Majestic Cinema,

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(2 of 4) [CW-7481/2025]

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[2025:RJ-JP:27058]

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Parao, Ajmer, Thorough Its Chairman.

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----Respondents

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S.B. Civil Writ Petition No. 8367/2025 The Director Of Education, (College Education), State Of Rajasthan, Directorate Of College Education, Jaipur.

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----Petitioner

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Versus

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Dayal Parwani S/o Shri Vensimal, R/o H. No. 1-Ka-34, Ajay Nagar, Housing Board Colony, Ajmer, Rajasthan.

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Management Committee, Adarsh Degree College, Ajmer, Nawab-Ka-Bera, Ajmer, Through Its Chairman C/o Adarsh Shikshan Samiti, New Majestic Cinema, Parao, Ajmer Through Chairman.

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Management Committee, Adarsh Degree College, Ajmer, Nawab-Ka-Bera, Ajmer, Through Its Secretary C/o Adarsh Shikshan Samiti, New Majestic Cinema, Parao, Ajmer Through Chairman.

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Adarsh Shikshan Samiti, Near New Majestic Cinema, Parao, Ajmer, Through Its Chairman .

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----Respondents

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For Petitioner(s)	: Mr. Aditya Singh,Dy. GC
For Respondent(s)	:

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Judgment / Order

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21/07/2025

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Under challenge in the writ petitions is the judgment dated 04.08.2023 passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short, “learned Tribunal”) in application No.52/2016: Dayal Parwani Vs. Managing Committee, Adarsh Degree College, Ajmer & Ors., application No.53/2016: Harish Ramchandani Vs. Managing Committee, Adarsh Degree

[2025:RJ-JP:27058]

[CW-7481/2025]

(3 of 4)

College, Ajmer and Ors. and application No.54/2016: Vijay Mathur Vs. Managing Committee, Adarsh Degree College, Ajmer and Ors. whereby, while allowing the applications, directions have been issued to the petitioner as also to the respondents No.2 to 4 to pay to the applicants benefit of Sixth Pay Commission, gratuity and the amount of encashment of unutilized privilege leave along with interest. The payment is directed to be ensured in terms of a Division Bench judgment of this Court dated 06.11.2015 in D.B. Civil Special Appeal (Writ) No.663/2015: Rajasthan State and Ors. Vs. Management Committee, Shri Bhagwan Das Todi College and the judgment dated 17.12.2021 passed in D.B. Special Appeal (Writ) No.280/2021: Managing Committee, Agrawal Senior Secondary School and Ors. Vs. Ghanshyam Sharma and Ors.

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The first grievance raised by learned counsel for the petitioner against the judgment impugned is that a direction has been issued for payment of gratuity for which the petitioner is not liable. His second grievance is that the payment of encashment of untilized privilege leave should have been confined to 300 days and his last grievance is that the petitioner has been held liable to pay the interest on entire arrears not confining it to the extent of the grant-in-aid payable by it. He, therefore, prays that the writ petition be allowed and the judgment impugned dated 04.08.2023 be quashed and set aside/modified to the extent as aforesaid.

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Heard. Considered.

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It is trite law that the State Government is not obliged to pay gratuity to the employees of the Non-Government Educational Institutions. Further, the Statute provides payment of untilized privilege leave to the maximum of 300 days and this Court is also

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(4 of 4) [CW-7481/2025]

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[2025:RJ-JP:27058]

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in agreement with the submission made by learned counsel for the petitioner that it owes liability to pay interest on the arrears only to the extent of grant-in-aid admissible to the respondentinstitution. In view of the aforesaid well settled legal principle, these writ petitions are disposed of in following terms without issuing notice to the respondents:

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The petitioner is not under an obligation to pay the amount of gratuity to the applicants which is payable only by the concerned NonGovernment Educational Institution.

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Respondent No.1-applicants are entitled for payment of encashment of untilized privilege leave for the maximum period of 300 days.

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The petitioner is liable to pay the interest only to the extent of grant-in-aid payable by it.

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If any of the respondents feels aggrieved of the aforesaid directions, he/it, is at liberty to file an application for recalling of the order.

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Pending application(s), if any, also stands disposed of.

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(MAHENDAR KUMAR GOYAL),J

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YOGESH/34-36

The Director of Education v. Vijay Mathur S/O Shri L.P. Mathur

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The Director of Education v. Vijay Mathur S/O Shri L.P. Mathur

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