CW 10341/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Civil Writ Petition No.10341/07 Managing Committee Vs Shri Hari Om Agarwal & Ors. [2] S.B. Civil Writ Petition No.10340/07 Gandhi Vidya Mandir & Anr. Vs Shri Siya Ram Jatav & Ors. [3] S.B. Civil Writ Petition No.9627/07 Managing Committee Vs Shri Dal Singh Bidawat & Ors. [4] S.B. Civil Writ Petition No.9628/07 Managing Committee Vs Shri Prabhata Ram Jat & Ors. [5] S.B. Civil Writ Petition No.9626/07 Managing Committee Vs Shri Shiv Bux Singh & Ors. [6] S.B. Civil Writ Petition No.10339/07 Managing Committee Vs Shri Moti Lal Sharma & Ors. DATE OF ORDER : 04/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Prahlad Singh, for petitioners Mr. Ajay Tantia, for respondents *** Earlier matter has come up on application under Article 226(3) on 15th July, 2008 looking to the nature of controversy this court directed the parties to come prepare for final disposal at the orders stage. By the instant petitions, petitioner- institution has challenged the order dt.28th November, 2007 passed by Civil Judge [Jr.Div], Sardarsahar, District Churu alleging the same to be arbitrary. Learned Executing Court directed the petitioner to make payment to the respondents in terms of order dt.21st February, 2005 passed by Tribunal. CW 10341/07 [2] Counsel for petitioner submits that the Executing Court has exceeded its jurisdiction in passing order impugned directing the petitioner to make payment without the same being computed. Since neither there is computation made by Tribunal under its order nor the Executing Court has computed the same. In absence whereof, it is not possible for petitioner to make payment in terms of Educational Tribunal's order. Learned Tribunal after adjudication of the dispute while disposing of application filed by respondents- employees u/s.21 of Rajasthan Non-Government Educational Institutions Act, 1989 directed the petitioner to make payment of gratuity along with interest @9% and so also selection scale in terms of circular of the government dt.25th January, 1992 and payment towards leave encashment which was payable to the respondents in accordance with rules. The order of the Educational Tribunal was not assailed by petitioner, but since the payment was not made the respondent-employees filed application for execution. Petitioner raised objection u/s.47 CPC. Taking note thereof, learned Executing Court passed order on 28th November, 2007 directing the petitioner to make payment in terms of order of Tribunal and so far as computation part is concerned, it has also been observed in the order impugned in the instant petitions. CW 10341/07 [3] Counsel for respondents has brought to the notice of this court that number of employees approached Educational Tribunal for release of retiral benefits, particularly, gratuity, selection scale and leave encashment which was allowed by the Tribunal and at this stage the execution application was filed by the concerned employee because of non-compliance of order of Educational Tribunal. Learned Executing Court passed orders directing them to make payment in terms of Educational Tribunal's order which was almost on the same identical facts. The order passed by Executing Court was challenged by the institution by way of CW-5221/07, which was dismissed on 27th August, 2007 – against which DB Civil Special Appeal [W] No.999/07 was filed at the Main Seat at Jodhpur that too was dismissed on 6th December, 2007 and after dismissal of special appeal, the petitioner approached this court by filing instant petitions. Counsel for respondents further submits that against the order passed by Executing Court, writ petition before the Bench at Jaipur is not maintainable and even on merits also the Executing Court has only directed to make payment in terms of order passed by Educational Tribunal, no error has been committed which may otherwise call for interference. CW 10341/07 [4] I have considered the submissions of counsel for parties and with their assistance examined the material on record. From the order which has been placed for perusal it appears that similar like matters of other employees which was decided by Educational Tribunal granting them the benefit of gratuity, selection scale and leave encashment were not carried out at the behest of petitioner. This fact could not have been controverted by petitioner that order which was assailed of the Executing Court at the Main Seat at Jodhpur was placed on identical facts. His only submission is that employees were different. The fact remains that the Executing Court passed similar like orders which was challenged at the Main Seat at Jodhpur and after writ petition & special appeal were dismissed, petitioner filed instant petitions at the Bench at Jaipur. This method which the petitioner has adopted is nothing but a clear abuse of process. Apart from it, the order which is challenged in the instant petitions was passed by Civil Judge [Jr.Div.], Sardarsahar, District Churu and the jurisdiction for assailing order of the Executing Court lies at the Main Seat at Jodhpur and filing of writ petitions in this court was otherwise not maintainable. Even on merits the Executing Court has only directed CW 10341/07 [5] the petitioner to make payment in terms of order of Educational Tribunal and there is no apparent error which can be said to have been committed by the Executing Court in passing order impugned. Counsel for petitioner submits that payment in terms of order of Educational Tribunal has been made to the respondents. This fact is disputed by counsel for respondents. If it has not been made, the respondents will be free to proceed further against them in accordance with law. Consequently, all these writ petitions are hereby dismissed with costs of Rs.5,000/- to be paid to individual employee. [AJAY RASTOGI], J. FRBOHRA10341CW2007 4-8.doc