HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 11457/2016

M.s. Godara

----Petitioner

Versus

State And Ors

----Respondent

Connected With

S.B. Civil Writ Petition No. 11456/2016

Mangat Badal

----Petitioner

Versus

State And Ors

----Respondent

For Petitioner(s)

:

Mr. Manoj Bhandari, on VC

For Respondent(s)

:

Mr. Himanshu Shrimali, on VC

Mr. Inderjeet Yadav, on VC

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

12/01/2022

1.

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, the lawyers have been advised

to refrain from coming to the Courts.

2.

Counsel for the petitioner has drawn attention of this Court

to the order passed by Coordinate Bench of this Court in Indra

Agarwal Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.16429/2019), decided on 14.07.2021 and counsel for the

petitioner seeks direction/relief as granted in the case of Indra

Agarwal (supra).

(2 of 3)

[CW-11457/2016]

3.

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

the petitioners are disposed of with the similar direction as given

in the case of Indra Agarwal (supra), which reads as under:-

“It is submitted by learned counsel for the petitioner that the issue raised

in the present writ petition 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 petitioner 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.

In view of the above, the writ petition filed by the

petitioner is 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.”

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 NonGovernment

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

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[CW-11457/2016]

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.”

In the circumstances of the case needful may be done

within a period of three months from the date of this order.”

4.

In this case no pre