Hanumangarh v. State Of Rajasthan, Through The Chief Secretary

Judgment

3. State Of Rajasthan, Through The Chief Secretary, Secretariat, Jaipur The Principal Secretary, Department Of Higher Education, Govt. Of Rajasthan, Secretariat, Jaipur The Commissioner, Deptt. Of College Education, Dr. Radhakrishanan Shiksha Sankul, J.l.n. Road, Jaipur ----Respondents For Petitioner(s) : Mr. Sarthak Rastogi For Respondent(s) : Mr. Aditya Singh HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/07/2025

1. In the instant civil writ petition filed under Article 226 of the Constitution of India, petitioner has made the following prayers: "It is therefore most humbly prayed that this writ petition may kindly be allowed and by issue of appropriate writ, order or direction, the Hon'ble Court may kindly be pleased to:- (1) Direct the respondents to immediately release the arrears of the entire salary of the petitioner from December 2015 till her attaining age of superannuation i.e., till July 2019; and (ii) Direct the respondents to complete the 5th, 6th and 7th Pay Commission Scales Fixation of the petitioner and to determine the salary and retiral dues accordingly; (iii) Direct the respondents to release the arrears of salary amounting to 30% of the salary from 01.04.2013 till December 2015, since the Meera Girls College was taken over by the State Government and all the liabilities of the erstwhile Managing Committee are now the responsibility of the state government; and [2025:RJ-JP:26766] (2 of 9) [CW-11140/2021] (iv) Direct the respondents to immediately release all the retiral dues of the petitioner including Gratuity, Leave Encashment, P.F. etc.; an (v) Direct the respondents to pay interest at Bank Rate upon the arrears of the salary and the retiral dues, which have not been paid to the petitioner arbitrarily. (vi) Any other Order which the Hon'ble Court may deem fit in the interest of justice may also kindly be passed in favour of the petitioner."

Heard counsel for both the parties at length and perused the material available on record.

3. Succinctly stated the undisputed facts, which have come on record, are that petitioner got appointment on the post of Lecturer (Political Science) by way of regular selection against a sanctioned post in Meera Girls PG College on 02.09.1983. The Meera Girls College is a Government aided institution by the Government of Rajasthan to the tune of 70%. The post against which petitioner was appointed is an aided post. During course of continuation of employment of petitioner with the college, Rajasthan Voluntary Rural Education Services Rules, 2010 (for short, 'the Rules of 2010'), came in force w.e.f. 01.02.2011, but petitioner did not opt to shift in the rural institution of Government, hence, her service in the college was continued. At one point of time, vide order dated 13.12.2011, the Government aid to the Meera Girls College was stopped, but on challenge to that order, same was quashed vide judgment dated 16.04.2013, passed by the Hon'ble Division Bench in D.B. Civil Writ Petition No.829/2012. Thereafter, withheld salary of petitioner, for the period March, 2012 to December, 2015 i.e. to the tune of Rs.27,38,466/-, which was 70% of due salary (being the amount of grant in aid) was directly paid by the State Government. The issue is in respect of non-payment of salary from December 2015 onwards and pensionary benefits etc. [2025:RJ-JP:26766] (3 of 9) [CW-11140/2021] Petitioner has retired from the college, w.e.f. 31.07.2019, on attaining the age of superannuation. It would also not be out of place to refer that vide order dated 31.08.2013 (Annx.2), Higher Education (Group-3) Department, Government of Rajasthan, decided to take over the Meera Girls College along with Management and all of its movable and immovable assets. Later on, vide letter dated 26.09.2014, order of taking over was de-notified. The order of denotification dated 26.09.2014 was challenged by the Management Committee of Meera Girls College by way of filing S.B. Civil Writ Petition No.9409/2014 before the High Court at Principal seat Jodhpur. This writ petition was allowed vide judgment dated 17.10.2016 and the order of denotification dated 26.09.2014 was quashed and order of taking over dated 31.08.2013 was restored. The order dated 17.10.2016 has been affirmed by the Division Bench vide judgment dated 02.04.2018. It is worthy to note that the Hon'ble Division Bench, while affirming the quashing of the order of denotification dated 26.09.2014, granted a liberty to the State Government to take a decision for quashing/ cancelling the order dated 31.08.2013 of taking over the College or not, but decision can be taken only after affording opportunity of hearing of the management by the College. It is noteworthy that the State Government, in furtherance to such liberty, did not opt to denotify the decision of taking over, rather vide another order dated

01.08.2020 (Annx.5), Meera Girls College along with other four other colleges i.e. total five colleges, have been taken over by the State Government with Management and all assets & liabilities. In furtherance thereto, it has been informed during course of [2025:RJ-JP:26766] (4 of 9) [CW-11140/2021] argument that vide order dated 03.03.2021, the action of taking over has been confirmed and the name of college has been changed from Meera Girls College Sangaria, District Hanumangarh to Meera Girls Government College Sangaria, District Hanumangarh. The copy of order dated 03.03.2021, issued from the Office of Commissionerate, College Education, Jaipur with the consent of counsel for both the parties is taken on record.

4. It is not in dispute that petitioner has been working as Lecturer (Political Science) against the aided and sanctioned post at Meera Girls PG College since 02.09.1983 and after attaining the age of superannuation, petitioner stood retired w.e.f. 31.07.2019.

5. It is also not in dispute that Government of Rajasthan, Higher Education (Group-3) Department notified to take over of Meera Girls PG College with all its Management and movable and immovable assets vide order dated 31.08.2013 (Ann.2). A perusal of order dated 31.08.2013 envisages that the decision was taken by the Higher Education Department with concurrence to the Finance Department. Later on, the Order of de- notification dated 26.09.2014 passed by the Deputy Secretary (Administration), Higher Education Department, on challenging by the Management Committee of Meera Girls College, by way of filing SBCWP No.9409/2014, has been quashed and set aside vide judgment dated 17.10.2016 and the judgment has been affirmed by the Division Bench in DB Special Appeal Writ No.55/2017 vide judgment dated 02.04.2018 so also has been affirmed by the Hon’ble Supreme Court and thereafter, Government of Rajasthan passed an order dated 01.08.2020, granting administrative and financial sanction of taking over of the Management alongwith all [2025:RJ-JP:26766] (5 of 9) [CW-11140/2021] assets and liabilities of Meera Girls PG College. Thereafter, vide order dated 03.03.2021, name of College has been changed as “Meera Girls Government College, Sangaria, Hanumangarh”. Thus, sequence of events leads to a prima facie conclusion of absorption of Meera Girls PG College by the Government of Rajasthan w.e.f. 31.08.2013.

6. It is noteworthy that prior to issuance of order dated

31.08.2013, to take over the Management of Meera Girls PG College with all its assets & liabilities by the Government of Rajasthan, 70% aid was permissible from the Government to the Management of College, particularly, in respect of aided and sanctioned post of petitioner. Indisputably, petitioner did not opt to join in the government institution in rural area in furtherance to the promulgation of the Rules of 2010, hence, petitioner continued to be an employee of Management Committee of the College and was paid salary as also the financial aid against the post of petitioner, was also being released by the State Government. When the grant of aid was stopped vide order dated 13.12.2011, this Order was quashed by the Division Bench vide judgment dated 16.04.2013 passed in DB Civil Writ Petition No.829/2012. It is an admitted fact that thereafter, salary of petitioner from March 2012 to December 2015, equal to the 70% financial aid, which comes to the tune of Rs.27,38,466/- has been paid by the Government of Rajasthan, directly, to the petitioner. This fact has been narrated by the respondents as well in Para No.15 of the reply to the writ petition. Although, petitioner has claimed 30% of the differential amount of her salary, but in view of the fact that contempt proceedings, initiated on the behest of petitioner, came [2025:RJ-JP:26766] (6 of 9) [CW-11140/2021] to be disposed of after release of amount of Rs.27,38,466/- by the Government of Rajasthan against the due arrears of her salary upto the period December 2015, this Court does not want to reopen the issue of any balance arrears of salary of petitioner for the period prior to December 2015. Counsel for petitioner, during course of arguments, conceded this aspect and mainly pressed for non-release of salary and retirement dues payable to the petitioner post to December 2015. Hence, the claim of petitioner in respect of claiming 30% of due salary for the period prior to December 2015 does not survive anymore and same is put at rest.

7. The issue before this Court is non-payment of salary to petitioner from January 2016 to 31.07.2019, it means upto the date of retirement of petitioner on attaining age of superannuation and non-payment of retirement benefits to petitioner, which includes leave encashment/ gratuity/ selection scales/ revision of pay as per revised pay scale by the Pay Commission, time to time, for which petitioner is legitimately entitled under the Rajasthan Non-Government Educational Institutions Act, 1989 (for short “the Act of 1989”) and Rajasthan Non-Government Educational Institutions Rules, 1993 (for short “the Rules of 1993”). Another issue is that as to whether petitioner can claim her due salary and retiral dues, directly from the State Government or not?.

8. Learned counsel for respondents, from the reply of writ petition as also in his oral arguments, could not able to justify denial or non-entitlement of petitioner for her due salary and retiral dues, as claimed by petitioner as referred in preceding Paragraph No.7. The only plea of learned counsel for respondents [2025:RJ-JP:26766] (7 of 9) [CW-11140/2021] is that even after issuance of order dated 31.08.2013 by the Government of Rajasthan to take over the Management alongwith all assets and liabilities of the Meera Girls PG College, a dispute remained continue and pending between Management Society of the College and the Government of Rajasthan at least upto the date of retirement of petitioner, hence, petitioner can claim her due arrears of salary and retiral dues from the Management Society of College and at the most Management Society can claim 70% aid from the State Government. Nevertheless, learned counsel for respondents has not denied to take over the Management alongwith all assets and liabilities of Meera Girls PG College by the State Government vide order dated 01.08.2020 (Ann.5).

9. In the opinion of this Court, the decision of Government of Rajasthan to take over the Management with the concurrence of Financial Department vide order dated 31.08.2013, is binding upon the respondents, moreso when this Order has been affirmed and the subsequent order of the Government of Rajasthan dated

26.09.2014 to denotify the decision of taking over, has been quashed and set aside by the High Court vide judgment dated

17.10.2016 passed in SBCWP No.9409/2014, which has further been affirmed by the Division Bench of this High Court as also by the Hon’ble Supreme Court. It is noteworthy that a liberty was granted by the Division Bench in its judgment dated 02.04.2018 that if appellant- State is still desirous to cancel/ withdraw the order of take over dated 31.08.2013, State Government is free to take its decision, yet in furtherance to such liberty, State Government never took a decision to cancel/ withdraw its order [2025:RJ-JP:26766] (8 of 9) [CW-11140/2021] dated 31.08.2013, rather issued order dated 01.08.2020, granting administrative and financial sanction to its decision of taking over the Management with all assets and liabilities of Meera Girls PG College, Sangaria, District Hanumangarh. In such view of the matter, for the purpose of deciding the claim of petitioner for her due salary and retiral dues qua State Government, it can be held & observed that as far as petitioner is concerned, who was discharging her duties against the aided and sanctioned post in the College, she came to be absorbed by the State Government, pursuant to its decision/ order dated 31.08.2013. It may further be observed that when all the assets of the Management Committee of the College has been taken over, it is presumed that the amount of leave encashment, gratuity etc. has also been transferred to the State Government.

10. Therefore, this Court reaches to a conclusion that respondents are directly liable and responsible to pay/ release due salary of petitioner w.e.f. January 2016 to 31.07.2019 i.e. upto the date of retirement of petitioner on attaining the age of superannuation as also to pay all the retiral dues of petitioner, pension, commutation and other pensionary benefits, including leave encashment, gratuity, selection scales, revision of pay as per revised pay scale by the Pay Commission, time to time. At the most, it may be observed that if the State Government thinks that effective date of taking over the management, assets and liabilities of Meera Girls PG College is

01.08.2020 and not 31.08.2013, even in that eventuality, State Government is under liability to pay atleast 70% of dues salary and retiral dues, payable to petitioner, hence, it is open for the [2025:RJ-JP:26766] (9 of 9) [CW-11140/2021] State Government to claim reimbursement of the differential amount of 30% from the Management Committee of Meera Girls College, if so desirous, but only after making payment and releasing the entire due salary and retiral benefits to petitioner, for which petitioner is certainly entitled to receive under the Act of 1989 and the Rules of 1993, appended thereto.

11. As a final result, instant writ petition succeeds and is hereby allowed. Respondents are directed to release the due salary of petitioner from January 2016 to 31.07.2019 i.e. upto the date of retirement of petitioner on attaining the age of superannuation, so also to release pension, commutation and other pensionary benefits to petitioner, including leave encashment, gratuity, selection scales, revision of pay as per revised pay scale by the Pay Commission, time to time, within a period of three months. Thereafter, due arrears of salary shall carry interest @ 6% per annum and due pension and retiral benefits shall carry interest @ 9% per annum, upto the date of actual payment. No costs.

12. Stay application and pending application(s), if any, stand disposed of. RONAK JAIMAN/Sachin / 15 (SUDESH BANSAL),J