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2025 DAILYLAW 13139 (RAJ)

MANAGEMENT COMMITTEE SISTER JANET SOPHIA v. STATE OF RAJ AND ANR

CW/12749/2018 · 2025-02-24

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:8242] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12749/2018 Management Committee Sister Janet Sophia Girls College, Jaipur Road, Ajmer Through Its Secretary Sister Janet, R/o Sphoia College Hostel, Jaipur Road, Ajmer ----Petitioner Versus 1. The State Of Rajasthan Through Secretary College Education, Rajasthan, Secretariat, Jaipur 2. Commissioner, College Education, Rajasthan, Jaipur ----Respondents For Petitioner(s) : Mr. Neeraj K. Tiwari For Respondent(s) : Mr. Aditya Singh, DGC HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 24/02/2025 Learned counsels for the respective parties submit that the controversy involved in the writ petition is no more res integra and stands resolved vide order dated 17.02.2022 passed by this Court in SBCWP No. 1556/2017: Managing Committee, S.S. Jain Subodh Shiksha Samiti & Anr. Vs. Om Prakash Verma & Anr. and other connected matters and pray that this writ petition may also be disposed of in similar terms. In case of Managing Committee, S.S. Jain Subodh Shiksha Samiti & Anr. (supra), this Court has directed as under: “(i) The employees/Managing Committees of the aided educational institutions shall submit their claim with the respondents within a period of 15 days from today. However, claim of any of the employees/Managing Committee of an aided education institutions shall not be rejected merely on account of its submission beyond the aforesaid period of 15 days. [2025:RJ-JP:8242] (2 of 2) [CW-12749/2018] (ii) The State Government shall ensure payment of dues barring gratuity to the employees of the aided institutions in terms of directions issued by the learned Tribunal after verifying the claim so made within a period of 60 days of its submission. (iii) The State Government shall, in accordance with law, be entitled to recover this amount from the institutions, if such institution had drawn grant- in-aid in excess of its entitlement. (iv) The State Government shall ensure payment of arrears of grant-in-aid to those education institutions who have already paid the entire dues of their employee(s). (v) The aforesaid payment of the grant-in-aid to the educational institutions shall be payable only if they pay, if not already paid their share of the dues to their employees, within a period of 60 days from today. (vi) The directions issued by the learned Tribunal to the contrary, shall stand modified accordingly except qua gratuity. (vii) If the directions are not complied with within stipulated period, the dues of the employees/arrears of grant-in-aid shall carry interest @ of 9% per annum from today.” Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, the writ petition is disposed of in terms of direction issued in the case of Managing Committee, S.S. Jain Subodh Shiksha Samiti & Anr. (supra) which shall apply mutatis mutandis in this case also. The pending applications stand disposed of accordingly. (MAHENDAR KUMAR GOYAL),J Manish/89