Rajasthan High Court - Jaipur
Smt Praveena Jain And Others vs Shri Naresh Pal Gangwar And Others on 6 October, 2016
Author: Navin Sinha
Bench: Navin Sinha
DBCCP No.847/2016
IN
DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others
{1}
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
1) D.B. CIVIL CONTEMPT PETITION NO. 847/2016
IN
D.B. CIVIL SPECIAL APPEAL (WRIT) No.663/2015.
Renu Sharma W/o Shri Vishnu Swaroop Sharma aged about
57 years Plot No.88, Pratap Nagar VIth Lane, Near Amani
Sah Dargah, Shastri Nagar Jaipur.
...Petitioner/Applicant.
Versus
1. Shri Naresh Pal Gangwar IAS, Secretary to the
Government, Department of School Education, State of
Rajasthan, Secretariat, Jaipur.
2. Shri Jagdish Chandra Purohit, the Director, Elementary
Education, Government of Rajasthan, Bikaner.
3. Shri Jeevan Shankar Sharma, the District Education
Officer, Elementary Education, Government of Rajasthan,
Shiksha Sankul, Jaipur.
4. Shri Kamlesh Jangid, Secretary, Managing Committee
Vishwa Karma Bal Mandir Shiksha Samit, Madhobihari Ji
Ka Ahata, in front of Dainik Nav Jyoti Press, Station Road,
Jaipur.
...Respondents/Contemnors.
2) D.B. CIVIL CONTEMPT PETITION NO. 817/2016
IN
D.B. CIVIL SPECIAL APPEAL (WRIT) No.663/2015.
1. Smt. Praveena Jain W/o Shri Vimal Chand Jain, R/o
43/59/5 Varun Path, Mansarovar, Jaipur.
2. Miss Ritu Mittal d/o Shri Ved Prakash Mittal, R/o E-18
Gokhale Marg, C-Scheme, Jaipur.
3. Smt. Vandana Pareek W/o Shri Harimohan Pareek, R/o
DBCCP No.847/2016
IN
DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others
{2}
1815 Govind Rao ji-ka-Rasta, Jaipur.
4. Smt. Anuradha Shrimali W/o Shri Devendra Sharma,
R/o D-36, Dev Nagar, Tonk Road, Jaipur.
5. Smt. Anjana Arora W/o Shri Vinod Kumar Arora, R/o
448/A, Gali No.3, Raja Park, Jaipur.
6. Smt. Raj Kumari Saini W/o Shri Ramesh Kumar Saini,
R/o 2631, IVth Crossing, M.S.B.-ka-Rasta, Jaipur.
7. Smt. Madhu Saxena, W/o late Shri Radhey Sharan
SaxenaJ R/o 82/592 Pratap Nagar, Sanganer, Jaipur.
...Petitioners/Applicants
Versus
1. Shri Naresh Pal Gangwar IAS, Secretary to the
government, Department of School Education, State of
Rajasthan, Secretariat, Jaipur.
2. Shri Jagdish Chandra Purohit, the Director, Elementary
Education, Government of Rajasthan, Bikaner.
3. Shri Jeevan Shankar Sharma, the District Education
Officer, Elementary Education, Government of Rajasthan,
Shiksha Sankul, Jaipur.
4. Smt. Shanti Saxena, Sanchalak, Managing Committee
Bal Niketan Happy School, Vidyadhar ka Rasta, Tripolia
Bazar, Jaipur.
...Respondents/Contemnors.
3) D.B. CIVIL CONTEMPT PETITION NO. 818/2016
IN
D.B. CIVIL SPECIAL APPEAL (WRIT) No.663/2015.
1. Smt. Chandra Prabha Chauhan W/o Shri Ganga Vishnu
Chauhan, R/o 15/74 Malviya Nagar, Jaipur.
2. Miss Ranjana Hajela D/o late Shri Gopal Bihari Lal
Hajela R/o 136, Printers Nagar, Mathur Vaishya Nagar, Jaipur.
3. Smt. Ashok Saxena W/o Shri Chand Bihari Saxena,
9/718, Malviya Nagar, Jaipur.
DBCCP No.847/2016
IN
DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others
{3}
4. Smt. Shobha Choudhary W/o Shri Arvind Choudhary,
R/o 1925, Ojha Bhawan, Brahma Marg, Ramganj Bazar,
Jaipur.
...Petitioners/Applicants.
Versus
1. Shri Naresh Pal Gangwar IAS, Secretary to the
Government, Department of School Education, State of
Rajasthan, Secretariat, Jaipur.
2. Shri Jagdish Chandra Purohit, the Director, Elementary
Education, Government of Rajasthan, Bikaner.
3. Shri Jeevan Shankar Sharma, the District Education
Officer, Elementary Education, Government of Rajasthan,
Shiksha Sankul, Jaipur.
4. Smt. Shanti Saxena, Sanchalak, Managing Committee
Bal Niketan Happy School, Vidyadhar ka Rasta, Tripolia
Bazar, Jaipur.
...Respondents/Contemnors.
4) D.B. CIVIL CONTEMPT PETITION NO. 831/2016
IN
D.B. CIVIL SPECIAL APPEAL (WRIT) No.663/2015.
Smt. Krishna Arora Wife of the Late Shri Dhan Raj Arora R/o
Plot No.70, Ram Gali No.7, Raja Park, Adarsh Nagar, Jaipur.
...Petitioner/Applicant.
Versus
1. Shri Naresh Pal Gangwar IAS, Secretary to the
Government, Department of School Education, State of
Rajasthan, Secretariat, Jaipur.
2. Shri Jagdish Chandra Purohit, the Director, Elementary
Education, Government of Rajasthan, Bikaner.
3. Shri Jeevan Shankar Sharma, the District Education
Officer, Elementary Education, Government of Rajasthan,
Shiksha Sankul, Jaipur.
DBCCP No.847/2016
IN
DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others
{4}
4. Smt. Shanti Saxena, Sanchalak, Managing Committee
Bal Niketan Happy School, Vidyadhar ka Rasta, Tripolia
Bazar, Jaipur.
...Respondents/Contemnors.
Date of Order:- October 06, 2016.
HON'BLE THE CHIEF JUSTICE MR. NAVIN SINHA
HON'BLE MR.JUSTICE VIJAY KUMAR VYAS
Mr. H.V. Nandwana for the petitioners.
Mr. C.P. Sharma for the respondents.
Mr. Mahadev Prasad for respondent No.4. Mr. S.K. Gupta, Additional Advocate General for the State.
*****
1) These four contempt applications arise from an order in-rem passed on 06/11/2015 in D.B. Special Appeal (Writ) No.663/2015 and analogous appeals.
2) The matter relates to release of grant-in-aid to the Managing Committees of the aided educational institution, including enhanced salary under the 6th Pay Commission etc.
3) None of the petitioners were parties in the original applicants and have preferred these contempt applications because the order was in-rem. The petitioners are all stated to be employees of educational institutions receiving grant- in-aid.
4) Learned counsel for the petitioners submitted that in each of the applications the educational institutions where they are employed has forwarded all the necessary DBCCP No.847/2016 IN DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others {5} information to the State Government notwithstanding which the payments have not been released till date.
5) Learned Counsel for the State submitted that the matter involves considerable State funds and numerous educational institutions along with the concerned employees, and therefore matters have to be examined meticulously before any payments are released and in fact the Division Bench has also observed that compliance should be made after due verification of records.
6) We have considered the submissions.
7) The Division Bench has directed the Non- Government Educational Institutions to prepare statement of dues of each of the employees of the institution alongwith information that they were working against sanctioned and aided posts coupled with statement of their arrears of salary and other dues statements duly approved as expenditures under the grant-in-aid after which the State Government will verify from records in accordance with law and then make payment.
8) There is no pleading in any of the writ petitions that the Educational Institution to which the petitioners belong has furnished all the necessary information in terms of the directions of the Division Bench. No doubt, learned DBCCP No.847/2016 IN DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others {6} counsel for the petitioners made a statement at the Bar to that effect. But, there is no documentary material on record in support of the same, muchless when it was forwarded and with what information.
9) Be that as it may, if the Educational Institution has not forwarded the necessary information in the prescribed manner and does so hereinafter, naturally the State Government is required to act in accordance with law. In the event of failure to do so nothing prevents the petitioners from approaching this Court with materials with regard to willful and deliberate disobedience.
10) Alternately, if the Educational Institutions in question have forwarded the necessary information to the State Government in the prescribed manner, the Division Bench has granted time for compliance which will naturally have to be reckoned from the date that the order was brought to the attention of the authorities and if the requisite information has been made available to the satisfaction of the State Government in accordance with the directions of the court, but payment is not released, it may again invite issues for willful and deliberate disobedience. DBCCP No.847/2016
IN DBSAW No.663/2015.
Renu Sharma Vs. Shri Naresh Pal Gangwar & 3 others {7}
11) The contempt applications are disposed in the aforesaid terms.
(VIJAY KUMAR VYAS),J. (NAVIN SINHA),C.J. Anil Goyal PS 15-18