Rajasthan High Court - Jodhpur
Managing Committee Jawahar ... vs Bhopal Singh Rao on 4 December, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 18168/2018
1. Managing Committee Jawahar Vidhyapeeth, Kanore,
District Udaipur, Through Its Authorized Signatory Dr.
Narendra Kumar Dhing, Aged About 63 Years.
2. Managing Committee, Jawahar Vidhyapeeth Senior
Secondary School, Kanore, District Udaipur, Through Its
Authorized Signatory Dr. Narendra Kumar Dhing, Aged
About 63 Years.
----Petitioners
Versus
1. Bhopal Singh Rao S/o Shri Bheru Singh Rao, Resident Of
Sharda Sadam, Rao Ka Mohalla, Kanore, District Udaipur
(Rajasthan).
2. Director / Commissioner, Secondary Education, Bikaner.
3. The Rajasthan Non Government Education Institutions
Tribunal, Jaipur.
----Respondents
For Petitioner(s) : Mr. Akhilesh Rajpurohit.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 04/12/2018 It is submitted by learned counsel for the petitioners that the Tribunal has passed the impugned order relying on the orders of this Court in Managing Committee, Rajasthan Mahila Parishad v. Chhagan Lal Meghwal & Ors.: SBCW No. 1944/2016, decided on 09.11.2016, which order was upheld by the Division Bench in Mohan Giri Goswami v. Managing Committee, Rajasthan Mahila Parishad & Ors.: DBSAW No. 178/2017, decided on 13.03.2018, however, subsequently, the Division Bench in Raj. Samayojit (2 of 2) [CW-18168/2018] Shiksha Karmi Welfare Society v. State of Raj. & Anr.: DBCW No.7568/2012, decided on 01.02.2018, struck down sub-Rule (ix) of Rule 5 of the Rules of 2010 and directed all those employees who were appointed against the sanctioned/aided post prior to promulgation of the Rajasthan Civil Service (Contributory Pension) Rules, 2005 in the aided institution and subsequently appointed/absorbed under the Rules of 2010 shall be governed under the Rajasthan Civil Service (Pension) Rules, 1996.
The said submissions was made in the written submissions filed before the Tribunal, inter alia, indicating that once the services of the petitioners have not come to an end and they are entitled to the benefit of Rules of 1996, they are not entitled for payment of gratuity on account of their absorption under the Rules of 2010, however the said aspect has not been taken into consideration.
In view of the submissions made, issue notice. Issue notice of the stay application also, returnable in six weeks.
Notices when issued be given 'dasti' to the learned counsel for the petitioners.
In the meanwhile and until further orders, execution of the order dated 28.06.2018 (Annex.-3) passed by the Tribunal, shall remain stayed.
Connect to SBCW No.18315/2018.
(ARUN BHANSALI),J 185-PKS/-
Powered by TCPDF (www.tcpdf.org)