[2025:RJ-JP:11804] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12122/2014 Kailash Chandra Bhatt S/o Shri Chhaju Lal Bhatt, Plot No. 19, Pram Nagar, Agra Road, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, School And Sanskrit Education, Rajasthan, Jaipur 2. Director, Elementary Education, Rajasthan, Bikaner 3. District Education Officer, Elementary Education, Jaipur 4. Principal Shri Krishan Upper Primary School, Yadad Samaj Mandir, Ramganj, Jaipur ----Respondents For Petitioner(s) : Mr. Hemant Kumar Singh for Mr. R.D. Meena For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma, Addl. GC JUSTICE ANOOP KUMAR DHAND Order 17/03/2025 1. By way of filing this writ petition, the petitioner is seeking directions against the respondent No.4 for making payment of P.F. amount, leave encashment and due salary to the petitioner with interest upto the month of June, 2011. 2. Learned counsel for the petitioner submits that the respondent No.4 is a recognised educational institution from the State and running under the Societies Registration Act. Learned counsel submits that the respondent No.4 was receiving 80% aid from the State. Learned counsel submits that initially the petitioner was appointed on the post of Assistant Teacher with the respondent No.4 and after enforcement of the Rajasthan Voluntary Rural Education Service Rules, 2010, his services were absorbed into government service in the year 2011, but the respondent [2025:RJ-JP:11804] (2 of 2) [CW-12122/2014] No.4 has not paid his due service benefits i.e. payment of P.F., leave encashment and due salary, hence under these circumstances, the petitioner has approached this Court by way of filing this petition. 3. Learned counsel for the State-respondents opposes the arguments raised by learned counsel for the petitioner and submits that the petitioner has alternative remedy of filing appeal/application under Sections 19 & 21 of the Rajasthan Non- Government Educational Institutions Act, 1989 (hereinafter referred to as “the Act of 1989”) and Rajasthan Non-Government Educational Institutions Rules, 1993 (hereinafter referred to as “the Rules of 1993”) framed thereunder before Rajasthan Non- Government Educational Institutions Tribunal (hereinafter referred to as “the Tribunal”), but without invoking the jurisdiction of the said Tribunal, the petitioner has approached this Court, hence under these circumstances, this writ petition is not maintainable. 4. Considering the above objections taken by the State- respondents, the instant writ petition stands disposed of granting liberty to the petitioner to approach the Tribunal by way of filing appropriate application/appeal under the provisions of the Act of 1989 and Rules of 1993. 5. Stay application as well as all applications (pending, if any) also stand disposed of. 6. In case, such application/appeal is submitted before the Tribunal, it is expected from the Tribunal to decide the same expeditiously as early as possible strictly in accordance with law. (ANOOP KUMAR DHAND),J Karan/46