[2025:RJ-JP:11770] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12195/2022 1. Savita Upreti W/o Aged About 68 Years, Resident of C-12, Indraprasth Colony, Model Town, Jagatpura, Jaipur. 2. Smt. Ansuya W/o Hindkesari, Aged About 68 Years, Resident of P. No. 567, Mahaveer Nagar, Near Jain Mandir, Tonk Road, Jaipur. 3. Shyamsundar Saraswat S/o Shri Ramgopal Saraswat, Aged About 65 Years, Resident of 103, Bansipuri I, Jagatpura, Jaipur. 4. Nirmla Agdaymawar W/o Shri Mohan Lal Agdaymawar, Aged About 63 Years, Resident of 111, Vishweshwariya Nagar, Triveni Nagar, Jaipur. 5. Smt. Mridul Mathur W/o Shri Gopal Bihari Mathur, Aged About 64 Years, Resident of 124, Vishwakarma Nagar II, Maharani Farm, Durgapura, Jaipur. 6. Sharmila Maharotra W/o Shri Padamnath Maharotra, Aged About 59 Years, Resident of 104-A, Surya Nagar, Taro Ki Khoot, Sanganer, Tonk Road, Jaipur. 7. Madhubala Sharma W/o Shri Gaurishankar Sharma, Aged About 64 Years, Resident of 100, Narendra Nagar, New Sanganer Road, Sodala, Jaipur. 8. Sumitra Sharma W/o Shri Gopal Lal Sharma, Aged About 66 Years, Resident of House No 102, Shiv Colony, Hari Marg, Tonk Road, And Jaipur. 9. Sunita Mathur W/o Late Shri Banshi Dayal Mathur, Aged About 67 Years, Resident of 69/424, A, Aastha Apartment, Near Icici Bank, Mansarovar, Jaipur. 10. Ramesh Prasad Jat S/o Late Shri Ramkaran Jat, Aged About 36 Years, Resident of Village Tantara, Police Station Bassi, District Jaipur. 11. Mamta Tiwari W/o Shri Yogendra Kumar Tiwari, Aged About 66 Years, Resident of A-101, Mahesh Nagar, Jaipur. 12. Vimla Rathore D/o Shri Jeevan Singh Rathore, Aged About 59 Years, Resident of Quarter No. S-99, N.B.C. Company, Shanti Nagar, Khatipura Road, Jaipur. ----Petitioners Versus [2025:RJ-JP:11770] (2 of 4) [CW-12195/2022] 1. State of Rajasthan, Through Secretary, Education Department, Government of Rajasthan, Secretariat, Jaipur. 2. The Director, Elementary Education, Bikaner. 3. The Director, Secondary Education, Bikaner. 4. District Education Officer, Elementary Education Department, Jaipur. 5. The Secretary, Managing Committee, Prem Shanti Public School, Tonk Road, Jaipur. 6. The Secretary Managing Committee, Shri Gaur Vipray Senior Secondary School, Jaipur. 7. The Secretary, Managing Committee, Bal Shiksha Mandir Upper Primary School, Mahaveer Park, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Saxsena For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma, AGC Ms. Namita Parihar, Dy.GC JUSTICE ANOOP KUMAR DHAND Order 17/03/2025 1. Counsel for the petitioners submitted that the controversy involved in this petition has already been set at rest by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (D.B. Special Appeal (Writ) No. 663/2015) and by the Hon’ble Apex Court in the case of State of Rajasthan Versus Manju Saxena and Ors. (Special Leave to Appeal (C) No. 13791/2019). Counsel further submitted that this petition also be disposed of in the light of the same directions as issued in the case of Bhagwan Das Todi College (Supra). [2025:RJ-JP:11770] (3 of 4) [CW-12195/2022] 2. The controversy involved in this writ petition has already been set at rest by the Division Bench of this Court in the case of State of Rajasthan Versus The Management Committee Sh. Bhagwan Das Todi College (D.B. Special Appeal (Writ) No. 663/2015) and by the Hon’ble Apex Court in the case of State of Rajasthan Versus Manju Saxena and Ors. (Special Leave to Appeal (C) No. 13791/2019), and recently by this Court in the case of Managing Committee Vs. Smt. Kawal Jeet Kaur and Anr. (S.B. Civil Writ Petition No. 6758/2017) decided on 28.08.2024, hence, this writ petition stands disposed of with the following directions:- “(i) The petitioner-employees of the aided educational institutions shall submit their claim with the respondent-State within a period of 15 days from today. However, claim of any of the employees of an aided educational institution shall not be rejected merely on account of its submission beyond the aforesaid period of 15 days. (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 to its employee(s). [2025:RJ-JP:11770] (4 of 4) [CW-12195/2022] (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 the employees, within a period of 60 days with interest with effect from 01.07.2011. (vi) The directions issued by the learned Tribunal to the contrary, shall stand modified accordingly except qua gratuity.” 3. The petitioner-employees who have received the amount of gratuity would be entitled to get interest over the said gratuity amount from the date, it has become due to them till the date they have actually received the amount of gratuity. 4. It is made clear that if the directions issued by this Court are not complied with by the respondent-management and the respondent-State within the above stipulated period, the petitioner-employees would be entitled to get interest @ 9% per annum from today. 5. All pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J GARIMA /284