Vinita Karwa W/o Shri Rajendra Karwa v. State of Rajasthan Through Secretary, Secondary Education Department
2022-05-23
REKHA BORANA
body2022
DigiLaw.ai
ORDER : 1. Counsel for the petitioner as well as counsel for the respondent-Institute and State agreed to the fact that the controversy in question is covered by the ratio as laid down in the case of State of Rajasthan & Anr. vs. Management Committee Sh. Bhagwan Das Todi College; D.B. Civil Special Appeal No.663/2015 decided on 06.11.2015 and D.B. Special Appeal (Writ) No.280/2021 (Managing Committee vs. Ghanshyam Sharma & Anr.) decided on 17.12.2021. 2. Admittedly, the present matter is covered by the judgments as mentioned above. 3. In view of the same, the present writ petition is allowed and it is directed that : (i) the Managing Committee shall prepare due drawn statement of the 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 petitioner-institution. (ii) The Managing 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. 4. The complete exercise as mentioned in point (i) above would be completed by the Managing Committee within a period of one month and by the State Government within a period of three months thereafter. 5. At this juncture it has been submitted by counsel for the respondent No.4 that the service record and other documents pertaining to all the employees have been submitted by the Institute to the State Government vide its communication dated 16.09.2011 and therefore, the Institute is not in a position to prepare the due drawn statement of the employees. 6. In view of the submissions made, it is directed that the Institute would submit a written request to the State Government for return of the said documents which would be immediately complied with by the State Government and all the documents would be returned to the Institute within a period of three weeks of the request letter being received by the office of the State Government. The abovementioned limitation as provided to the institute would thereafter commence.