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SANJEEV PRAKASH SHARMA
Managing Committee – Appellant
Versus
Om Prakash – Respondent
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 holdin
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 main legal point established in the judgment is the entitlement of teachers in privately managed colleges to gratuity and leave encashment, with the financial liabilities to be borne by the priva....
Court affirmed that disputes regarding grant disbursement should follow administrative procedures rather than judicial mandates against college committees.
Retired teachers are entitled to enhanced gratuity of Rs.20,00,000/- as per applicable resolutions, receiving statutory interest from the notification date, reinforcing pension rights.
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