The Managing Committee is solely responsible for paying retired teachers' dues, independent of any potential reimbursement from the State Government.

JUDGMENT

1. These writ petitions raise a common question thus they are being decided by this judgment.

2. Applications have also been moved in several petitions for disbursement of amount in favour of the concerned Teachers as Non-petitioner No.1 in various cases.

3. Learned counsel for the petitioners submit that the petitioner- Managing Committee is in hardship and is only able to release the amount of 20% and 40% of their share in favour of the concerned each respondent and the State Government ought to be directed to release the remaining payment in terms of the judgment passed by this Court in case of State of Rajasthan & Ors. v. The Management Committee, Sh. Bhagwan Das Todi College & Ors. reported in 2016 (3) RLW 1911 (Raj.) wherein the Division Bench observed that the amount in terms of aid being granted by the State Government should be disbursed according to the share of the concerned Managing Committee and that of the State Government.

4. Learned Additional Advocate General, Shri Ganesh Meena submits that this Court has already been taken a view in SBCWP No.3081/2016: Managing Committee, DAV Sr. Secondary School & Anr. v. Sudha Gupta & Anr. vide order dated 20.09.2019 holding that the case of Bhagwan Das (supra) would have no application in relation to the teachers who have retired from the concerned school itself and were not taken over under the Rules of 2010 by the State Government.

5. Learned counsel submits that therefore the Management Committee has to pay the dues to the Teachers and if there is any share of the State Government yet to be paid to the Committee.

The Committee can always take steps for recovering the amount which has already been released to the concerned Teachers for reimbursement.

6. I have considered the submissions.

7. In Managing Committee, DAV Senior Secondary School (supra), this Court took notice of the judgment of Division Bench and held as under:-

"I have considered the submission and on perusal of the judgment passed by the Division Bench in the case of The Management Committee, Sh. Bhagwan Das Todi College & Ors.(supra), this Court finds that the Division Bench examined the cases in relation to the Rules of 2010 and taking into consideration that the employees of the aided institutions had been absorbed with the State Government, a direction was issued directing the State Government to pay the unpaid amount to the concerned employee, which was due against the concerned educational institution to the extent of aid being granted to the institution.

In view of the above, this Court is of the firm opinion that the directions would be confined only to those employees who have been absorbed with the State Government and would not extend to those employees, who retired while working with the institution(s) and are claiming their dues as against the institution(s). Since, admittedly the employees stood already retired, it is the duty of the institution to pay the entire amount as claimed by the employees and if they have any case for reimbursement from the State Government, they can always get the aid to be released from the concerned State Government. It is made clear that if such reimbursement is claimed in terms of the aid being given to the institution, the said reimbursement shall be released by the State Government.

Accordingly, no case for interference is made out. The writ petition is found to be devoid of merit and the same is accordingly dismissed. Due payment be made within a period of three months. If any execution proceedings have been initiated, the same shall remain stayed for three months. All the pending applications stand disposed of."

8. Admittedly, in all the present matters, the Teachers who were working in the two schools been managed by the petitioner- Management Committee, attained superannuation while working in the said schools itself.

9. In view thereof, it was a liability of the Managing Committee to release all the dues as laid down in the order/s passed by the Rajasthan Non