SUSHIL JAIN Vs. SUBODH AGARWAL

JUDGEMENT

(1.) These contempt petitions have been filed by the petitioners, who were lecturers in the on-government aided educational institutions and were subsequently appointed with the State Government, by way of absorption, under the Rajasthan Voluntary Rural Education Service Rules, 2010 (for short 'the Rules of 2010'). Their grievance is that despite judgment dated 30.11.2017 of Division Bench of this Court, the respondent-State has not paid them their dues payable towards arrears of salary including arrears consequent upon implementation of recommendations of Sixth Pay Commission, gratuity and leave encashment.

(2.) Learned counsel for the petitioners submitted that the Division Bench of this Court in State of Rajasthan and Another Vs. The Management Committee Sh. Bhagwan Das Todi College, 2016 (2) WLC (Raj.) 1, while dismissing the appeals filed by the State Government against order passed by the Single Bench of this Court, directed the concerned non-Government aided educational institutions to prepare due drawn statement of each of the employees of their institution, who have worked against the sanctioned and aided post, with regard to arrears and other dues, which are approved expenditures, to the extent of grant-in-aid and send the same to the State Government. The State Government was further directed to make payment of arrears to all such employees, who either have now been appointed with the State Government under the Rules of 2010 or retired or left the job (upto the period one has worked), after due verification from their records. In para 47 of the Report, it was specifically directed that the benefit of that judgment may not remain confined to only such employees who have approached this Court. Considering that large number of the employees were in litigation with the State Government and the non-government aided educational institutions, it was directed that the said judgment shall be mutatis mutandis applicable to all such employees, who are similarly situated. Payment was made in compliance of the above judgment to approximately 150 employees of different non-government aided educational institution upto 30.06.2017 and thereafter, the State Government has stopped making payment.

(3.) Learned counsel for the petitioners argued that Special Leave Petitions No. 30061/2016 (State of Rajasthan Vs. Secretary, Management Committee Shri Bhagwan Das Todi College and Others) and Special Leave Petition No. 4728/2016 (State of Rajasthan Vs. The Management Committee Smt. Kamla Devi Gouri Dutt Mittal Girls P.G. College and Another) filed against the aforesaid judgment have been dismissed by the Supreme Court vide order dated 09.12.2016 and 28.03.2016 respectively. Thereafter, the State Government filed Review Petition (C) No. 2670/2016 (State of Rajasthan Vs. Management Committee Kamla Devi Gouri Dutt Mittal Girls P.G. College and Another) along with Review Petition No. 2449/2016 before the Supreme Court which too were dismissed vide order dated 20.07.2016. The respondents should therefore be required to make compliance of the judgment passed by this Court. It is submitted that as far as management of the non- government aided educational institution are concerned, except in one case, they have paid their share of the arrears of the salary pursuant to implementation of recommendations of the Sixth Pay Commission including other dues. However, it is the State Government, which has not yet paid its share of the aforesaid dues.