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Managing Committee vs. Vinod Kumar Srivastava

Final Order
Court:High Court of Rajasthan (Jaipur Bench)
Judge:Hon'ble Pushpendra Singh Bhati
Case Status:Disposed
Order Date:26 Aug 2019
CNR:RJHC020275632017
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Order Issued After Hearing

Purpose:

For Admission- Notice Not Issued

Before:

Hon'ble K. S. Jhaveri

Listed On:

7 Jul 2017

Order Text

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9998/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

    1. Mahendra Kumar Joshi, Son Of Shri Bhagwati Prasad Joshi, Resident Of Gusai Chowk, Bhinay, Ajmer.
    1. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents

Connected With

S.B. Civil Writ Petition No. 9999/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Smt. Madhulika Sharma, Wife Of Shri Ishwar Prakash, Resident Of Subzi Mandi, Balaji Chowk, Modi Mohalla, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10001/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

  1. Ram Kishan Agarwal, Son Of Shri Laxmi Chandra

Agarwal, Resident Of Sambhav Nagar, Krishi Upaj Mandi-Ke-Pass, Bhilwara Road, Gulabpura Bhilwara.

  1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10002/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Vijay Singh Solet, Son Of Shri Sardar Singh Solet, Resident Of Jaishree Villa, Sindhi Colony, Gulabpura Bhilwara
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10003/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Vinod Kumar Duggad, Son Of Shri Parasmal Duggad, Resident Of Sthanak Gali, Bajaj Nagar, Ajmer Rajasthan
    1. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents

S.B. Civil Writ Petition No. 10004/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Avanindra Kumar, Son Of Shri Shambhu Sharan Lal, Resident Of Kodary @ Harhi, P.o. Ghaghsera, District Gorakhpur U.p.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10005/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Satya Narain Lakhera, Son Of Shri Heera Lal Lakhera, Resident Of Sushila Bhawan, I.t.i.road, Sundar Vilas Colony, Shastri Nagar, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10017/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Mangal Ram Pathak, Son Of Shri Kanchan Lal, Resident Of 10-P-28, R.c. Vyas Nagar, Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10018/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Satya Narain Sen, Son Of Shri Ladu Ram Sen, Resident Of Near Old Chunginaka, New Basti, Ward No. 19, Hurda Road, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10019/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Smt. Geeta Rani, Wife Of Shri Shashipal Singh, Resident Of 11, New Lite Colony, Near Gopal Goshala, Station Road, Gulabpura Bhilwara.
    1. Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10025/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Rajendra Kumar Chechani, Son Of Shri Jagdish Chandra Chechani, Resident Of Shivam, Civil Lines, New Colony, Goshala Road, Gulabpura, Distt. Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10026/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura,

District Bhilwara.

----Petitioners

Versus

    1. Vinod Kumar Srivastava, Son Of Shri Saryu Prasad Srivastava, Resident Of 242, Near Krishi Upaj Mandi, Mahesh Colony, Bhilwara Road, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10028/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Himmat Singh Rajput, Son Of Shri Navrang Singh, Resident Of Vaibhav Villa, 27, Basant Vihar, I.t.i. Road, Shastri Nagar, Near Shishu Sadan School, Gulabpura Distt Bhilwara Rajasthan.
    1. Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10031/2017

    1. The Managing Committee, Shri Gandhi Primary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Raghuveer Singh, Son Of Shri Bhajan Lal, Resident Of 236/1, Jagdamba Bhawan, Mahesh Colony, Near Krishi Mandi, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10033/2017

  1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.

  2. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Hem Chand Jain, Son Of Shri Deep Chand Jain, Resident Of 11, Sancheti Colony, Bijay Nagar, Ajmer.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10034/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Ram Kishan Yadav, Son Of Shri Rameshwar Dayal, Resident Of C/o Shri Basuki Nath Mishra, Adarsh Bhawan, Sambhav Nagar, Near Brahmkumari Ashram Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10094/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Smt. Lalita Talesra, Wife Of Shri Dilip Kumar Talesra, Resident Of New Lite Colony, Near Muneem Colony, Vijay Nagar, Ajmer.
    1. Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10095/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Avdhesh Chandra Gautam, Son Of Shri Shyam Behari Gautam, Resident Of Shri Santosh Vaishnav, Near Mayur School, Shastri Nagar Colony, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10200/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Basuki Nath Mishra, Son Of Late Shri Anoop Lal Mishra, Resident Of Adarsh Bhawan, Sambhav Nagar, Near Braham Kumar Ashram, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 10201/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Ram Lal Sen, Son Of Shri Heera Lal Sen, Resident Of Dobanya Balaji Road Kalan, Near Bavji Temple, Gulabpura Bhilwara.
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 17375/2017

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Ram Kishore Chandak, Son Of Shri Ramjas Chandak, Resident Of Ridhi-Sidhi Goshala Road, Dr. Nawal Sahab-Ke-Samne-Ki-Gali, Gulabpura Bhilwara
    1. Director, Secondary Education, Rajasthan, Bikaner. ----Respondents

S.B. Civil Writ Petition No. 1548/2019

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Mahipal Singh Son Of Shri Budhpal Singh, Aged About 65 Years, Resident Of C/o Smt. Chanda Devi Maru, Bhilwara Road, Manshapuran Balaji-Ki-Gali, Gulabpura (Bhilwara)
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 1737/2019

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

  1. Ram Pal Suthar Son Of Shri Soji Ram Suthar, Aged About 59 Years, Resident Of Mukam Post Khatikhera, Tehsil Hurda, District Bhilwara.

  2. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

S.B. Civil Writ Petition No. 1803/2019

The Managing Committee, Shri Gandhi Senior Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.

----Petitioner

Versus

    1. Lal Sahib Singh Son Of Late Shri Ganga Prasad Singh, Aged About 69 Years, Resident Of 3, Teachers Colony, Opposite Sindhi Dharamshala, Gaushala Road, Gulabpura, District Bhilwara (Raj.)
    1. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents

S.B. Civil Writ Petition No. 2123/2019

    1. The Managing Committee, Shri Gandhi Higher Secondary School, Gulabpura, District Bhilwara, Through Its Secretary.
    1. The Manager, Shri Gandhi Shikshan Samiti, Gulabpura, District Bhilwara.

----Petitioners

Versus

    1. Chandra Prakash Sharma, Son Of Shri Kesar Lal Sharma, Aged About 54 Years, Resident Of House No. 32, Mahesh Colony, Bhilwara Road, Gulabpura (Bhilwara).
    1. The Director, Secondary Education, Rajasthan, Bikaner.

----Respondents

For Petitioner(s):Mr. Prahlad Singh
For Respondent(s):Mr.<br>Pushpendra<br>Solanki<br>for<br>Mr.<br>Ganesh Meena, AAG<br>Mr. Mahendra Shah<br>Mr. Rakesh Kumar Sharma

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

26/08/2019

With the consent of counsel for the parties, the batch of writ petitions is heard finally.

Counsel for the parties jointly submit that the issue involved in the present matter is squarely covered by the judgment rendered by this Court in the matter of Managing Committee, D.A.V. through Secretary, Ajmer & Ors. Versus Chief Secretary, Higher Education & Ors.: SBCWP No.8592/2019, decided on 21st August, 2019, along with connected matters. The operative portion of the order reads as follows:

"After hearing the counsel for the parties and on perusal of the material available on record so also the precedent law cited by the counsel for the parties as well as impugned order passed by the Tribunal, this Court finds that on factual matrix and on the legal issues, the Tribunal's order does not require any interference by this Court as it is in accordance with the prevalent precedent law in the matter of The Managing Committee, Shri Bhagwan Das Todi College (supra). This Court is of the opinion that while following the precedent law in question as well as other precedent law, the Tribunal has rightly proceeded to grant the benefits to the teachers. This Court is also conscious of the fact that no appeal/challenge to the Tribunal's order has been made by the State of Rajasthan. The limited issue of determination for this Court would be the distribution of liability between the Managing Committee and the State of Rajasthan for which this Court finds that the judgment of Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society & Ors. (supra) is already holding the field as the Division Bench of this Court has already declared the law that the Non-Government Aided Educational Institutions shall prepare and submit the due drawn statement and the State Government in turn was directed to verify the same from the record and directly make the payment of the arrears of the dues to the concerned employee to the extent aided institutions were in receipt of grant-in-aid. The Tribunal's order is thus modified only to the extent that the State of Rajasthan shall be required to pay their share of the amount clearing arrears of the dues to the concerned employee to the extent aided institutions were in receipt of grant-inaid. The gratuity, which is stated to be paid already, shall be payable in accordance with the judgment of the Tribunal. It is directed that the execution of the

order of the Tribunal shall be qua the petitioner – Managing Committee only to the extent of amount to be paid by them in the grant-in-aid in question. Rest of the execution for the amount due shall be against the State of Rajasthan, which shall strictly be made in accordance with the judgment in the case of The Managing Committee, Shri Bhagwan Das Todi College (supra) and State shall pay their share directly to the concerned employee after ascertaining and verifying the same if so required. If any verification is required to be done, the same may be done within a period of 30 days from today. The employees shall be free to prosecute their execution petitions to the extent of respective shares to be payable by the Managing Committee and the State of Rajasthan separately. The gratuity shall be payable in accordance with the impugned order passed by the Tribunal.

With the observations and directions, as indicated above, this batch of writ petitions is disposed of.

All the pending applications stand disposed of."

In the light of such limited submissions, the instant batch of writ petitions is disposed of with the same directions for all the parties as referred to herein-above.

A copy of this order be placed on each of the file.

SUNIL SOLANKI /19/35-61

(PUSHPENDRA SINGH BHATI),J

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