Rajasthan High Court - Jodhpur
The Managing Committee, Shree J.B. ... vs The Director, Secondary Edu. Bikaner on 27 July, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
(1 of 2) [CW-6633/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 6633/2021 The Managing Committee, Shree J.b. Senior Sec. School
----Petitioner Versus The Director, Secondary Edu. Bikaner
----Respondent For Petitioner(s) : Mr. Sushil Solanki JUSTICE DINESH MEHTA Order 27/07/2021
1. Learned counsel for the petitioner submits that in the light of the Division Bench judgment of this Court rendered in the case of State of Rajasthan & Anr. Vs. The Management Committee Sh. Bhagwan Das Todi College, reported in 2016(2) WLC (Raj.) 1, the petitioner-institution is required to pay only 20% of the amount, the rest is required to be given by the State Government.
2. He further invited Court's attention towards the judgment dated 29.11.2016 in the case of Managing Committee, Shri Hanwant Sr. Secondary School Vs. Rajasthan Non-Government Education Institutions Tribunal, Jaipur & Ors to contend that no interest is payable on the amount of TA & DA.
3. The matter requires consideration.
4. Admit. Issue notice. Issue notice of the stay application.
5. Meanwhile, if petitioner makes payment of its share as per rules (20% of the amount), recovery of the amount pursuant to the impugned order dated 10.02.2021 from the petitioner shall remain stayed.
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(2 of 2) [CW-6633/2021]
6. It is further ordered that no coercive measures shall be taken for recovery of the amount of the interest on TA & DA.
(DINESH MEHTA),J 102-A.Arora/-
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