Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 631

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Koushalya Purohit & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil writ Petition No. 18767/2018 Connected with S.B. Civil Writ Petition No. 259/2018 , S.B. Civil writ Petition No. 1275/2018, S.B. Civil Writ Petition No. 1556/2018, S.B. Civil Writ Petition No. 1931/2018 , S.B. Civil writ Petition No. 8017/2018 , S.B. Civil Writ Petition No. 11343/2018, S.B. Civil writ Petition No. 12194/2018, S.B. Civil writ Petition No. 12643/2018 , S.B. Civil Writ Petition No. 2392/2019
Decided on : 16-07-2021

Advocates appeared:
Mr. Ranjeet Joshi with Mr. Abhijeet Joshi with Mr. Kapil Bissa Mr. Mukesh Rajpurohit, Advocates, for the Petitioner; Mr. G. S. Chouhan for Mr. K. K. Bissa Mr. Idrish Mohammed for Ms. Vandana Bhansali Mr. Anil Vyas, Advocates, for the Respondent

The main legal point established in the judgment is the obligation of the respondents to make payment of arrears of salary and other dues, as well as to grant approval and release grant-in-aid within a specified time frame, in accordance with applicable rules and previous judicial precedents.

Headnote:
Judicial Precedent - Payment of Arrears of Salary and Other Dues - The court allowed the writ petitions and directed the respondents to make payment of arrears of salary, selection grades, leave encashment, gratuity, and provident fund with interest. The court also directed the respondents to grant approval and release grant-in-aid within a specified time frame, in compliance with applicable rules and previous judgments.
Fact of the Case:

The court allowed the writ petitions and directed the respondents to make payment of arrears of salary, selection grades, leave encashment, gratuity, and provident fund with interest, and to grant approval and release grant-in-aid within a specified time frame.
Finding of the Court:

The court found in favor of the petitioners, allowing the writ petitions and issuing specific directions for payment and grant-in-aid.
Issues: The issue raised in the present writ petitions was related to the payment of arrears of salary and other dues, as well as the grant of approval and release of grant-in-aid.
Ratio Decidendi: The court relied on previous judgments in similar cases, specifically referring to the cases of Gordhan Mal Singhvi and Bhagwan Das Todi College, to support its decision in allowing the writ petitions and issuing specific directions for payment and grant-in-aid.
Final Decision: The court allowed the writ petitions, directed the respondents to make payment of arrears of salary and other dues, and to grant approval and release grant-in-aid within a specified time frame.

JUDGMENT

1. It is submitted by learned counsel for the petitioners that the issue raised in the present writ petitions is squarely covered by order dated 17.11.2011 passed in Gordhan Mal Singhvi v. State of Rajasthan & Ors. : S.B.C.W.P. No. 5118/218 and Division Bench judgment in State of Rajasthan & Anr. v. The Management Committee Sh. Bhagwan Das Todi College : D.B. Special Appeal(Writ) No. 663/2015, decided on 06.11.2015. The submissions made by learned counsel for the petitioners regarding the issue being concluded by judgments in the case of Gordhan Mal Singhvi (supra) and Bhagwan Das Todi College(supra) are not disputed by learned counsel for the respondents.

2. In view of the above, the writ petitions filed by the petitioners are allowed in light of and with the similar directions as given in the above cases in the following terms:-

"(1) Within 60 days from today, the respondent No.3 shall make payment of the amount to the petitioner towards arrears of salary as a result of fixation under the grades under the Revised Pay Scales Rules; towards selection grades upon completion of 9,18 and 27 years of service; towards leave encashment; and towards gratuity and provident fund alongwith interest @ 12% per annum from 23.07.2008 until the date of payment.

(2) The respondents Nos.1 and 2 shall grant approval and release the grant-in-aid within 60 days from the date of the respondent No.3 submitting in its claim in accordance with the provisions of the Rules of 1993 and the applicable decisions."

3. Further, the respondents are also directed to comply with the direction as given/observations made in the case of Bhagwan Das Todi College (supra), wherein, inter-alia, the following direction have been given regarding payment:-

"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 expenditure 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."

4. In the circumstances of the case needful may be done within a period of three months from the date of this order.

5. Stay applications also stand disposed of.

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