[2026:RJ-JP:1260-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 124/2020 Management Committee, Gujrati Upper Primary School, Kachhari Road, Ajmer, Raj. Through Secretary Shri Nitin Mehta. ----Appellant Versus 1. Smt. Harsha Vadoriya W/o Shri Prabhakar Vadoriya, Aged About 56 Years, R/o 1-T-12, Janta Colony, Ana Sagar, Circular Road, Ajmer, Rajasthan. 2. Director/ Commissioner, Elementary Education, Rajasthan, Bikaner, Rajasthan. 3. Director, Secondary Education Department, State Of Rajasthan, Bikaner. ----Respondents For Appellant(s) : Mr. Sunil Kumar Jain, Advocate. For Respondent(s) : Mr. S. M. Sharma, Advocate on behalf of Mr. Manoj Sharma, Additional Advocate General. Mr. Abhishek, Advocate on behalf of Mr. D. P. Sharma, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA Order 13/01/2026 Counsel for the parties are in agreement that the issue involved in this matter has already been considered and decided by a Co-ordinate Bench of this Court vide order dated 17.12.2021 in the matter of “Managing Committee, Agarwal Senior Secondary School versus Ghanshyam Sharma and Anr.” in D. B. S. A. W. No.280/2021 wherein it has been held as under: “In view of the ratio as laid down by the Hon’ble Apex Court and by the Division Bench of this Court, it can be concluded that the finding of the learned Single Judge [2026:RJ-JP:1260-DB] (2 of 2) [SAW-124/2020] to the effect that the principles in Bhagwan Das Todi’s case would apply only to the employees absorbed with the State Government under the Rules of 2010 is incorrect. Therefore, the impugned orders dated 20.09.2019 (passed in S.B. Civil Writ Petition No. 3081/2016; Managing Committee & Another Versus Sudha Gupta & Another.) and 13.01.2021 (passed in S.B. Civil Writ Petition No. 5508/2017; Managing Committee, Agarwal Senior Secondary School, Agra Road, Jaipur Versus Ghanshyam Sharma and anr., and S.B. Civil Writ Petition No. 5506/2017; Managing Committee, Agarwal Senior Secondary School, Agra Road, Jaipur Vs. Rajesh Chandra Sharma and Anr.) are set aside. Writ petition of the appellant- Managing Committee is allowed. Order dated 08.11.2016 passed by the Tribunal is set aside and it is directed as under: (i) The Appellant Managing Committee shall prepare due drawn statement of the respondent employees in regard to the dues which are expenditure to the extent of grant-in-aid and send the same to the State Government and the State Government after its due verification from its record shall make payment to the employees under intimation to the appellant-institution. (ii) The appellant Management Committee shall make the payment qua its 20 per cent share to the employees, if the same remains due, within a period of two months from the date of this Order failing which the same would be payable along with an interest @ 9% per annum. With these observations, the present Special Appeals are disposed of.” In that view of the matter, this appeal is allowed. The order passed by the learned Single Judge is set aside. The directions given by this Court in the matter of Managing Committee (supra) shall also apply to the present case. (RAVI CHIRANIA),J (INDERJEET SINGH),J Tushar/11