BENCH AT JAIPUR v. State of Rajasthan, through Principal Secretary, Higher
Case Details
Judgment
1. State of Rajasthan, through Principal Secretary, Higher Education, Government of Rajasthan, Government Secretariat, Jaipur.
2. The Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Sophia Girls College, through its Secretary, Managing Committee, Ajmer.
4. The Principal, Sophia Girls College, Ajmer. ----Respondents Connected With S.B. Civil Writ Petition No. 20810/2018
Dr. Kusum Sharma wife of Shri G.K. Sharma, aged about 67 years, resident of 1-A-26, Vaishali Nagar, Ajmer. Versus ----Petitioner
1. State of Rajasthan, through Principal Secretary, Higher Education, Government of Rajasthan, Government Secretariat, Jaipur.
2. The Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Sophia Girls College, through its Secretary, Managing Committee, Ajmer.
4. The Principal, Sophia Girls College, Ajmer. ----Respondents S.B. Civil Writ Petition No. 20760/2018 Mrs. Sandra Lee W/o Mr. Peter Lee (Late), D/o Shri Crescencio D,souza (Late), aged about 63 years, R/o 41/44. 'Rosary Villa', Vinay Nagar, Pal Beechla, Ajmer-305001 (Raj.) ----Petitioner [2025:RJ-JP:19221] (2 of 5) [CW-20758/2018] Versus
1. State of Rajasthan, through Principal Secretary, Higher Education, Government of Rajasthan, Government Secretariat, Jaipur.
2. The Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Sophia Girls College, through its Secretary, Managing Committee, Ajmer.
4. The Principal, Sophia Girls College, Ajmer. ----Respondents S.B. Civil Writ Petition No. 20761/2018 Dr. Jyoti Chandel Wife of Late Col. Hitesh Chandel, aged about 51 Years, R/o 18, Shri Nath Mandir Marg, Kundan Nagar, Ajmer-
305001. Versus ----Petitioner
1. State of Rajasthan, through Principal Secretary, Higher Education, Government of Rajasthan, Government Secretariat, Jaipur.
2. The Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Sophia Girls College, through its Secretary, Managing Committee, Ajmer.
4. The Principal, Sophia Girls College, Ajmer. ----Respondents S.B. Civil Writ Petition No. 20795/2018 Sister Mariola (Mary Stella Sequeira) D/o Late Shri Joaquim Sequeira, aged about 61 Years, R/o Mother House, Mission Sisters of Ajmer, Sophia College, Mir Shah Ali Colony, Jaipur Road, Ajmer-305001. Versus ----Petitioner
1. State of Rajasthan through Principal Secretary, Higher Education, Government of Rajasthan, Government Secretariat, Jaipur.
2. The Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur. [2025:RJ-JP:19221] (3 of 5) [CW-20758/2018]
3. Sophia Girls College through its Secretary, Managing Committee, Ajmer.
4. The Principal, Sophia Girls College, Ajmer. ----Respondents For Petitioner(s) : Ms. Naina Saraf For Respondent(s) : Mr. Vigyan Shah, Additional Advocate General with Mr. Shubhendra Singh HON'BLE MR. JUSTICE ANAND SHARMA Order 07/05/2025
1. All these writ petitions are having similar cause of action as well as similar prayers, hence, are being decided by this common order. 2. For the sake of convenience, facts stated in S.B. Civil Writ Petition No. 20758/2018 are being taking into consideration. Petitioners have come out with following prayers: "(a) That the writ petition may kindly be allowed and by an appropriate writ order or directions respondents may be directed to make payment of the dues towards enhancement of salary under the 6th Pay Commission; arrears of salary as a result of revision of pay scale, amount towards selection scale, arrears towards leave encashment and balance of gratuity i.e. Rs.6,50,000/- alongwith 24% interest per annum. (b) Any other benefit which is due to the petitioner may kindly be directed to be paid within a period of 15 days alongwith interest. (c) Any other appropriate relief, order or direction which this Hon'ble Court deems expedient in the facts and circumstances of the case may also kindly be passed in favour of the petitioners."
3. Both the learned counsel for the parties are in agreement and have stated before the Court that controversy involved in the instant writ petition is squarely covered by the judgment delivered by Division Bench of this Court in D.B. Special Appeal (Writ) No. 663/2015 decided on 06.11.2015; State of Rajasthan & Ors. Vs. [2025:RJ-JP:19221] (4 of 5) [CW-20758/2018] The Management Committee Shri Bhagwan Das Todi College and so many other connected matters. Operative portion of the aforesaid judgment is being reproduced here under: "In addition to the fact of the above reference being decided by the Division Bench of this Court it is important to note that the Special Leave to Appeal filed against the judgment in Bhagwan Das Todi’s case was dismissed by the Hon’ble Apex Court on 28.03.2016 and a review petitioner against the same was also dismissed on 29.08.2017. In view of the above facts it is clear that the judgment passed in Bhagwan Das Todi’s case has become final for all purposes and as held in Yashpal’s case, the same is not per in-curiam and further, that the same would apply not only to the employees absorbed by the State Government under the Rules of 2010 but also to the employees who have since retired and who did not join service in terms of Rules of 2010. So far as the contention of the State Government that the institution is first obliged to make the payments to the employees and then raise the claim before the State Government is concerned, the same has also been replied in negative by the Hon’ble Apex Court in Special Leave to Appeal(C) No(s). 13791/2019: State of Rajasthan Vs. Manju Saxena & Ors., decided on 09.09.2021. In Manju Saxena’s matter, it was the specific ground of the State that as no subsequent grant in aid was payable to the institution, the reliance on part of the teachers upon Section 31(2) of the Act of 1989, wherein the Government is entitled to deduct from the next or subsequent grant in aid payable to the institution was misplaced. Dealing with the argument, it has been held by the Hon’ble Apex Court as under: “The intent behind Section 31(2) of the Act is that the employees must be paid their dues and if the aided institution fails to pay the salary to the employees, the Government is obliged to make over the payment to the Teachers and then deduct the same from the grant-in-aid payable to such institution. The responsibility is thus cast on the Government. We, therefore, reject the submissions advanced on behalf of the State Government and direct that: (a) The admitted amount to which the respondent No.1 herein is entitled to, shall be made over to her by the State Government within eight weeks. (b) The State shall, in accordance with law, be entitled to recover this money from the institution if such, institution had drawn grant in-aid in excess of its entitlement. (c) If any employees of the State had not discharged their duties in checking the affairs of the institution, the State shall also be entitled to proceed against such employees, in a manner known to law." We, therefore, dismiss this Special Leave Petition." [2025:RJ-JP:19221] (5 of 5) [CW-20758/2018]
4. In view of above judgment dated 06.11.2015, the aforesaid writ petitions are also disposed of with the direction that in case, the respondents have not passed necessary orders and have not released the payment of dues then, they are directed to do so within a period of two months from the date of receipt of this order. DAKSH/198-202 (ANAND SHARMA),J