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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana, J.
Vinita Karwa W/o Shri Rajendra Karwa – Petitioner
Versus
The State of Rajasthan Through Secretary, Secondary Education Department and ors. – Respondents
S.B. Civil Writ Petition No. 6502 of 2018
Decided On : 23-05-2022
Constitution Of India,1950 – Article 226 – Power Of High Court to issue Certain Writs – Held, In view of the submissions made, it is directed that Institute would submit a written request to State Government for return of the said documents which would be immediately complied with by the State Government and all documents would be returned to the Institute within a period of three weeks of request letter being received by the office of the State Government – Above mentioned limitation as provided to institute would thereafter commence – Petition allowed.
ORDER :
1. Counsel for the petitioner as well as counsel for the respondent-Institute and State agreed to the fact that the controversy in question is covered by the ratio as laid down in the case of State of Rajasthan & Anr. vs. Management Committee Sh. Bhagwan Das Todi College; D.B. Civil Special Appeal No.663/2015 decided on 06.11.2015 and D.B. Special Appeal (Writ) No.280/2021 (Managing Committee vs. Ghanshyam Sharma & Anr.) decided on 17.12.2021.
2. Admittedly, the present matter is covered by the judgments as mentioned above.
3. In view of the same, the present writ petition is allowed and it is directed that :
(ii) The Managing Committee shall make the payment qua its 20 per cent share to the employees, if the same remains due, within a period of two months from the date of this order failing which the same would be payable along with an interest @ 9% per annum.
4. The complete exercise as mentioned in point (i) above would be completed by the Managing Committee within a period of one month and by the State Government within a period of three months thereafter.
5. At this juncture it has been submitted by counsel for the respondent No.4 that the service record and other documents pertaining to all the employees have been submitted by the Institute to the State Government vide its communication dated 16.09.2011 and therefore, the Institute is not in a position to prepare the due drawn statement of the employees.
6. In view of the submissions made, it is directed that the Institute would submit a written request to the State Government for return of the said documents which would be immediately complied with by the State Government and all the documents would be returned to the Institute within a period of three weeks of the request letter being received by the office of the State Government. The abovementioned limitation as provided to the institute would thereafter commence.
The court applied similar directions from a previous case to ensure timely processing and payment determinations for employees.
It is responsibility of State to determine amount on basis of due drawn statement sent by Educational Institutions.
The court established that the State is obligated to ensure payment of dues to all employees of non-government aided institutions, irrespective of their employment status with the State.
The Managing Committee is solely responsible for paying retired teachers' dues, independent of any potential reimbursement from the State Government.
The court held that the University's decision to refuse closure was legal and proper because the Management had not made an application for closure under Section 121(2) of the Maharashtra Public Univ....
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....
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