[2025:RJ-JP:32778] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1450/2020 Managing Committee Shree Hanuman Balika Senior Secondary School, Ratangarh District Churu Through Its Secretary/ President ----Petitioner Versus 1. Avinash Datta W/o Shri S.k. Data, Aged About 61 Years, Resident Of Near Kulthiya Clinic Ratangarh, District Churu (Rajasthan) 2. Director/commissioner, Secondary Education Rajasthan, Bikaner (Raj.) ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Sharma For Respondent(s) : Mr. D.P. Sharma Mr. Devansh Sharma, Dy.GC. HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 20/08/2025 This writ petition is directed against the judgement dated 19.08.2019 passed by the learned Rajasthan Non-Governmental Educational Institutions Tribunal, Jaipur (for brevity, ‘learned Tribunal’) whereby, while allowing the application no.639/2012 filed by the respondent no.1/applicant (for brevity, ‘applicant’), a direction was issued to grant him benefit of Revised Pay Scale Rules, 2008, Revised Pay Scale Rules, 1998, gratuity and the encashment of unutilised privilege leave as per the revised pay alongwith interest @ 6% per annum. The petitioner-the non- applicant no.1 and the respondent no.2/the non-applicant no.2 were directed to ensure compliance as per the Division Bench [2025:RJ-JP:32778] (2 of 4) [CW-1450/2020] judgement of this Court dated 06.11.2015 passed in D.B. Civil Special Appeal (Writ) No.663/2015: State of Rajasthan and Another Vs. Managing Committee Shri Bhagwan Das Todi College Through Secretary and other connected matters. Assailing the validity of the aforesaid judgement dated 19.08.2019, learned counsel for the petitioner submitted that the learned Tribunal erred in drawing the ex parte proceeding against it without appreciating that it was never served with the notice of the application. Inviting attention of this Court towards the order dated 24.07.2019 passed by the learned Tribunal, he submitted that it is erroneously held therein that the notice was pasted on the school premises in presence of its Secretary whereas, as per report of the process server himself, the Secretary was unavailable. On merit of the case, he submits that as per judgment of the Division Bench of this Court in the case of Shri Bhagwan Das Todi College (supra), the liability of the institution is to pay dues to the applicant-employee only to the extent of its share and rest of the dues, to the extent of grant-in- aid, is to be paid by the respondent no.2. He, therefore, prays that the writ petition be allowed, the judgement impugned dated 19.08.2019 be quashed and set aside and the matter may be remanded back to the learned Tribunal for decision afresh after giving it an opportunity of hearing. Per contra, learned counsel for the respondents opposed the prayer. Heard. Considered. A perusal of the order dated 24.07.2019 reflects that ex parte proceeding was drawn against the petitioner inasmuch as it [2025:RJ-JP:32778] (3 of 4) [CW-1450/2020] was held that the notice dated 24.08.2012 was delivered to Shri Hariram, the watchman of the petitioner-institution and the notice dated 23.10.2013 was pasted on the school premises. The report of the process server further reveals that staff of the petitioner- institution refused to accept the notice and when he went to the residence of the Secretary-Shri Om Prakash Taparia to deliver the same, his wife informed that he was unavailable. On an earlier occasion also, an attempt was made to serve the applicant; but, the process server was informed that its Secretary had gone to Delhi and was unavailable. In view thereof, he pasted the notice on the school premises in presence of two witnesses whose details are given in the report. Therefore, this Court is satisfied that the service was effected upon the applicant in accordance with the provisions of Order 5 Rule 17 CPC. Although, it is recorded in the order dated 24.07.2019 that the pasting of the notice was done in presence of the Secretary of the petitioner-institution which is not corroborated from the record; but, it appears to be a bona fide error of insignificance inasmuch as the notice was affixed in compliance of the provisions contained under Order 5 Rule 17 CPC. Resultantly, this Court finds no merit in the contention advanced by learned counsel for the petitioner that it was not served with the notice of the application filed by the applicant. Even otherwise, on merit of the case, contention of the learned counsel for the petitioner has been to ensure payment to the applicant as directed by a Division Bench of this Court in the case of Shri Bhagwan Das Todi College (supra) for which, the learned Tribunal has already issued direction vide its judgement impugned dated 19.08.2019. [2025:RJ-JP:32778] (4 of 4) [CW-1450/2020] In view of the aforesaid discussion, this Court finds no merit in the writ petition which is dismissed accordingly. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J PRAGATI/125