BHAIRU LAL SHARMA S/O SHRI CHAUTHMAL SHARMA v. STATE OF RAJASTHAN
CW/14586/2025 · 2025-10-06
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48611 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48611 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40330] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14586/2025 Bhairu Lal Sharma S/o Shri Chauthmal Sharma, Aged About 62 Years, Resident Of Kaladera, Tehsil Chomu, District Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education (Headquarter), Jaipur.
4. The Secretary Managing Committee, S.P.R. Saharia Higher Secondary School, Kaladera, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena with Ms. Neha Swami HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 06/10/2025
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:40330] (2 of 3) [CW-14586/2025]
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, the instant writ petition stands
disposed of with the following directions:-
“(i) The petitioner-employee of the aided educational institution shall submit their claim with the respondent-State within a period of 15 days from today. However, claim of any of the employee 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 employee of the aided institution, 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 institution, if such institution had drawn grant-in-aid in excess of its entitlement.”
3. The petitioner-employee who has received the amount of gratuity would be entitled to get interest over the said gratuity amount from the date, it has become due, till the date he has 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
[2025:RJ-JP:40330] (3 of 3) [CW-14586/2025] respondent-State within the above stipulated period, the petitioner-employee would be entitled to get interest @ 9% per annum from today.
5. Stay applications and all pending application(s), if any, also stand disposed of.
(ASHOK KUMAR JAIN),J MR/9