Rajasthan High Court - Jodhpur
Zinc Vidyalaya Management Comm. ... vs Smt. Kamlesh Gupta on 7 March, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 3146/2022
1. Zinc Vidyalaya Management Committee, Rampura Agucha
Mines, Rampura Agucha Mines, P.O. Agucha (Via-Hurda)
District Bhilwara, Rajasthan through its Chairman Vinod
Kumar, aged about 48 Years.
2. Managemant Committee of Zinc Vidyalaya, Zinc Colony,
Hurda District Bhilwara, Rajasthan through its Secretary
Puneet Choudhary, aged about 40 Years.
(Non Applicants No.1 and 2 in Application No.325/2014)
----Petitioners
Versus
1. Smt. Kamlesh Gupta W/o C.P. Gupta, Resident of 13,
Prakash Colony, Near Bus Stand Bijai Nagar, Ajmer
(Applicant in Application No.325/2014)
2. Director, C.B.S.E., Shiksha Kendra Community Centre,
Preet Vihar, Delhi. (Non Applicant No.3 In Application
No.325/2014)
3. The Rajasthan Non-Governmental Education Institutions
Tribunal, Jaipur.
----Respondents
For Petitioner(s) : Mr. Akhilesh Rajpurohit.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 07/03/2022 Heard.
It is submitted by the counsel for the petitioners that the Tribunal has directed the petitioners to make payment of the amount of Dearness Allowance (DA) to respondent No.1 based on her order of appointment, whereas the order of appointment was (Downloaded on 07/03/2022 at 08:51:31 PM) (2 of 2) [CW-3146/2022] modified based on a Memorandum of Understanding (MoU) and that the respondent is being paid the DA based on the said MoU.
Further submissions have been made that the Tribunal has wrongly held that the unsigned MoU was produced by the petitioners, whereas the same was produced by the respondent No.1 herself alongwith her petition and that the signed MoU of the petitioner has been filed alongwith present petition as Annex.5, and therefore, the plea raised by the respondent No.1 has no substance.
Further submissions have been made that in view of judgment in Rekha Dewani & Anr. vs. State of Rajasthan & Ors. :
D.B. Civil Writ Petition No.9489/2013 decided on 26.05.2015 at Jaipur Bench also, the respondent is not entitled to the relief, as given by the Tribunal.
In view of submissions made, issue notice. Issue notice of stay petition. Notices are made returnable within four weeks.
Notices when issued, be given 'Dasti' to the counsel for the petitioners for service upon the respondents.
In the meanwhile and till further orders, execution of the judgment dated 15.12.2021 (Annex.7) passed by respondent- Tribunal shall remain stayed.
(ARUN BHANSALI),J 175-DJ/-
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