CW 363/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.363/2007 Sharad Mohan Sharma through L/rs Versus Mang. Committee, SS Jain Subodh Siksha Samiti Jaipur 2-Civil Writ Petition No.9348/2006 Gopal Krishna Nagar Versus Mang. Committee SS Jain Subodh Siksha Samiti Jaipur Date of Order ::: 17/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Chiranjilal Saini, for petitioners (Teachers) Mr. Vinod Gupta for respondent Mang. Committee At joint request, since instant petitions involve identical controversy, were heard together and are being disposed of by this order at admission stage. Instant petitions have been filed by petitioners who served respondent Institution holding post of Lecturers, assailing orders dt.25/07/06 (Ann.4) & 12/01/07 (Ann.6) passed in Execution Appl.7/06 (Sharad Mohan Sharma) and dt.25/07/06 (Ann.3) & dt.13/11/06 (Ann.5) in Execution Appl.9/2005 (Gopal Krishan Nagar) whereby Additional Civil Judge (Jr. Dn.) No.2, Jaipur City (Executing Court) has directed them to furnish security bond for amount payable to them in terms of common order dt.10/11/04 (Ann.1) in Appl.222/01 & 125/02 passed by Rajasthan Non-Govt. Educational Institutions Tribunal, Jaipur (“Tribunal”), whereby applications filed by petitioners (Teachers) U/s CW 363/07 //2// 21 of Raj. Non-Govt. Educational Institutions Act, 1989 (“Act, 1989”) were accepted and respondent-Institution was directed to pay arrears accrued upon grant of selection scale in terms of Govt. order dt.25/01/92 as given to employees/teachers attached to Government educational institution; encashment of PL and so also payment of gratuity alongwith interest @9% per annum for the date of their retirement till actual payment in favour of petitioners. Since respondent Institute failed to make payment in terms of order dt.10/11/04 (Ann.1)of Educational Tribunal, petitioners approached the Executing Court for implementation whereof, which has been considered to be a decree in terms of S.27A of the Act, 1989. The Executing Court finally computed amount payable in terms of order of the Tribunal and directed to release the same in favour of petitioner provided they furnish security bond in lieu of release of the said payment if respondent institution finally succeeds in higher court. Counsel for petitioner submits that the Executing Court has no jurisdiction to put such stringent condition of furnishing security bond particularly when teachers are otherwise CW 363/07 //3// entitled for payment in terms of the order of the Tribunal. Orders of learned Tribunal in terms of S.27A of the Act, 1989 are “deemed decree”; as such can be executed by civil court having territorial jurisdiction over local area and the executing Court was under obligation to execute the order of learned Tribunal in its true spirit and it was not required for Executing Court to call up decree holder to furnish security bond of the amount to which he became entitled for in terms of the order of Tribunal under the Act, 1989 which was sought to be executed; certainly subject to not being stayed by Higher Court. More-so when respondent-Institution (judgment debtor) has not questioned entitlement of payment in terms of order dt.10/11/04 (Ann.1) of the Tribunal, such stringent condition of furnishing security bond was uncalled for, which deserves to be set aside. Consequently, these writ petitions are allowed. Orders dt.25/07/06 (Ann.3) & dt. 13/11/06 (Ann.5) in Execution Appl.-9/2005 (Gopal Krishan Nagar) and dt.25/07/06 (Ann.4) & 12/01/07 (Ann.6) in Execution Appl.-7/2006 (Sharad Mohan Sharma) passed by Executing Court are hereby quashed and set aside. Necessary compliance be made by release of dues payable to petitioners without any further delay. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/363CW07-17Jn-EdTri(2)Excn.doc