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2016 DIGILAW 1523 (RAJ)

Managing Committee, Arya Kanya Vidyalaya Samiti v. State of Rajasthan

2016-10-20

MOHAMMAD RAFIQ

body2016
ORDER : Mohammad Rafiq, J. 1. This petition has been filed by Managing Committee, Arya Kanya Vidyalaya Samiti, Alwar inter alia with the prayer that the respondent-State be directed to release the payment of grant-in-aid payable to them for the academic year 2008-09, 2010-11 & 2011-12 amounting to Rs. 31,41,813 in respect of arrears of salary, dearness allowance, amount of selection grades and leave encashment, which the petitioner has already paid to the employees working against the sanctioned and aided posts along with interest @ 12% per annum. 2. Shri Mohti Gupta, learned counsel for the petitioner has cited the orders passed by the coordinate benches of this Court in a batch of 17 contempt petitions, headed by S.B. Civil Contempt Petition Nos. 684/15, Managing committee & Anr. vs. Shri P.K. Goyal & Anr., dated 13.5.2016 and also order dated 30.5.2016 passed in S.B. Civil Writ Petition No. 19655/2015, Managing Committee, Kanoria Charitable Society & Anr. vs. State of Rajasthan & Ors. praying that similar directions may be issued. 3. Shri S.K. Gupta, learned Additional Advocate General submits that the coordinate bench of this court in the aforesaid matter of Managing committee & Anr. vs. Shri P.K. Goyal & Anr. in the batch of contempt petitions has devised a mechanism by requiring the concerned institutes to submit their claim before the concerned administrative department requiring such administrative department to verify and same and sent to the Finance Department for payment thereof. Learned Additional Advocate General submits that a mechanism may be adopted in the present case too but with slight modification. The administrative department may be granted at least eight weeks time to verify whether payment has actually been made by the Managing Committee to various employees under different heads and if so what is the extent of the payment. After verification by the administrative department, the Finance Department may be directed to make payment within seven days. 4. Learned counsel for the petitioner has rejoined and submitted that claim of the petitioner has already been submitted and verified by the administrative department. 5. In view of the order passed by coordinate bench of this Court in the matter of Managing committee & Anr. 4. Learned counsel for the petitioner has rejoined and submitted that claim of the petitioner has already been submitted and verified by the administrative department. 5. In view of the order passed by coordinate bench of this Court in the matter of Managing committee & Anr. vs. Shri P.K. Goyal & Anr., supra and other connected contempt petitions, it is directed that if the claim of the petitioner-institute has already been submitted and verified by the administrative department, it should immediately forward the same to the Finance Department, which shall make payment of the due amount to the petitioner-institute within seven days from the date of its receipt from the concerned administrative department. However, if any part of claim of petitioner has not been verified, the administrative department shall verify the same within eight weeks and thereafter, submit their report to the Finance Department for payment to the extent of verified claim within seven days thereafter. 6. With the above directions, the writ petition is disposed off.