Lal Bhadur Shastri Sikshan Sansthans Management Committee v. Lalita Rathore Wife of Shri N. S Rathore, Ex. Teacher
2017-11-01
GOVIND MATHUR, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
ORDER : 1. This appeal is before us to examine correctness of the order dated 16.03.2015 passed by learned Single Bench in S.B Civil Writ Petition No. 1765/2003. 2. By the order aforesaid, the learned Single Bench accepted the writ petition directing the respondents to reinstate the petitioner-respondent herein in service and further to grant her all financial benefits, if she has attained the age of superannuation. 3. The case of the appellant is that the judgment impugned was passed in absence of the respondents, as such, there is violation of the principles of natural justice. It is also submitted that the financial benefits which are required to be given to the respondent No. 1 are supposed to be shared by the State and therefore, direction should have been given to the State Government for extending the monetary benefits to the respondent-petitioner. 4. We do not find any merit in the argument advanced. From perusal of the record, it is apparent that the Single Bench at the first instance issued notice with regard to acceptance of the writ petition and that was served upon the respondents. In spite of that no one put in appearance to contest the matter. In these circumstance, the court rightly decided the writ petition without waiting further for the appellant. So far as other directions given by the learned Single Bench are concerned, suffice to mention that an application was preferred by the respondent challenging termination from service before the Rajasthan Non Government Educational Institutions Tribunal and that came to be accepted under an order dated 08.01.2002 No compliance of the directions given by the tribunal was made by the appellant, therefore, the respondent approached this court by way of filing a petition for writ for execution of the same. The Single Bench issued direction to comply with the orders of the Tribunal including the direction with regard to payment of monetary benefits which were flowing as a consequence of attaining the age of superannuation by the respondent. The direction given by the Single Bench as such does not suffer from any wrong. The appellant is under an obligation to comply with the order given by the Tribunal which has already been affirmed by this court also. 5. In view of it, we do not find any just reason to interfere in the order impugned. The appeal is dismissed accordingly.