HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Civil Writ Petition No. 2971/2020

Managing Committee, Seth G.L. Bihani S.d. (Pg) College, Sri

Ganganagar, through its President, Jaideep Bihani S/o Late Shri

Sushil Kumar Bihani, by caste Maheshwari, aged about 54 years,

R/o 14 Public Park, Swami Dayanand Marg, Sriganganagar.

----Petitioner

Versus

1. S.L. Wadhwa S/o Late Shri Khandu Ram Wadhwa, Resident

of 5-M-32 Jawahar Nagar, Sriganganagar (Raj.).

2. The Commissioner College education, Government of

Rajasthan, Jaipur.

----Respondent

For Petitioner(s)

:

Ms. Madhu Khatri for Mr. Sanjeet

Purohit

For Respondent(s)

:

Mr. Himanshu Shrimali, AGC

Mr. Dron Kaushik

HON'BLE MS. JUSTICE REKHA BORANA

Order

05/12/2022

This writ petition has been filed by the petitioner aggrieved

against judgment dated 13.12.2019, passed by the Rajasthan

Non-Government Educational Institutions Tribunal, Jaipur, (‘the

Tribunal’), whereby the directions have been given by the Tribunal

to grant benefit of Career Advancement Scheme and to make

payment of amount of gratuity, leave encashment and arrears of

salary based on Rajasthan Civil Services (Revised Pay- Scales)

Rules, 2008.

It has further been directed that respondent No.1 would be

entitled to interest @ 6% per annum on the amount due,

pertaining to all the three. Further directions have been given to

(2 of 3)

[CW-2971/2020]

the respondent- Commissioner College Education to ensure that

compliance be made by the petitioner herein.

It is submitted by learned counsel for the respondent No.1

that the issue raised in the present writ petition is covered by

order of this Court in Managing Committee, Rajasthan Mahila

Parishad Vs. Director Elementary Education Rajasthan,

Bikaner & Ors.: S.B. Civil Writ Petition No. 4342/2015,

decided on 9.11.2016, wherein in similar nature judgments passed

by the Tribunal, the writ petitions filed by the petitioner-Society

have been partly allowed and directions have been issued.

Learned counsel for the petitioner submits that though the

issue raised in the present writ petition is covered by judgment in

the case of Managing Committee, Rajasthan Mahila Parishad

(supra), however despite the fact that Division Bench judgment of

this Court in State of Rajasthan & Anr. Vs. The Management

Committee Sh. Bhagwan Das Todi College: D.B. Special

Appeal (Writ) No. 663/2015, decided on 6th November, 2015

at Jaipur bench was cited before the Tribunal, consequential

directions qua respondent No.2 were not issued by the Tribunal

and, therefore, directions in this regard may be issued to

respondent No.2 as well.

In view of the submissions made, the writ petition filed by

the petitioner is disposed of in light of and with the similar

directions as issued in the case of Managing Committee,

Rajasthan Mahila Parishad (supra), wherein it has been

directed as under:

“In view of the above discussion, the writ

petitions filed by the petitioner Institution are

partly allowed. The orders dated 9/12/2014

passed by the Tribunal are set aside to the

(3 of 3)

[CW-2971/2020]

extent it provides for payment of interest on

leave encashment dues as well as arrears of

salary based on revised pay scales, however,

the direction to the extent of payment of

interest on the amount of gratuity is upheld. The

respondents No.2 would be entitled to interest

@ 6% p.a. on the amount of gratuity payable to

them. The amount of gratuity as well as interest

thereon shall be paid to the respondents No.2

by the petitioner Institution within a period of

three months. The amount, if any, deposited by

the petitioner Institution with the Executing

Court pursuant to the directions issued by the

Tribunal be adjusted in the amount payable to

the respondents No.2.”

It is further directed that as laid down/ directed by Division

Bench in the case of Management Committ