SBCWP NO.7042/2008 – SMT. SUDHA BHARGAVA AND ORS. V/S SMT. BINDU HARSH . : JUDGMENT DTD.26.9.2008. 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.7042/2008 Smt. Sudha Bhargava versus Smt. Bindu Harsh and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.B.S. Sandhu, for the petitioner. Mr.Manoj Bhandari } Mr.Jagdish Vyas, }, for the respondents. DATE OF JUDGMENT : 26th September, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. This petition is directed against the order dtd.7.8.2008 whereby the learned Executing Court below has attached the fund of grant-in-aid released by the State Government in favour of Bal Bharti School, Gangashahar Road, Bikaner which is being run by the administrator. The learned executing Court by detailed order dtd.22.7.2008 had released the said fund from attachment. However, on the application of the decree holder Smt. Bindu Harsh, again the said fund was attached by the learned trial Court vide impugned order dtd.7.8.2008. SBCWP NO.7042/2008 – SMT. SUDHA BHARGAVA AND ORS. V/S SMT. BINDU HARSH . : JUDGMENT DTD.26.9.2008. 2/3 3. Mr. B.S. Sandhu, the learned counsel for the petitioners submits that these petitioners, 7 in numbers, who are working as teachers in the Bal Bharti School have not been paid their salary for last about 4 years, whereas the respondent No.1 Bindu Harsh was reinstated by the order of the Educational Tribunal and she has been reinstated on 22.7.2008. The Educational Tribunal has directed her reinstatement with back wages, which according to the learned counsel for the respondent No.1, Mr. Manoj Bhandari would come to approximately a sum of Rs.6 lacs, and odd. 4. Mr. Manoj Bhandari, the learned counsel for the respondent No.1 opposes these submissions and submits that the petitioners have no lis to join the issue with the respondent No.1 – decree holder and therefore, the learned trial Court was justified in passing the order on 7.8.2008 and no interference is called for in the present writ petition. 5. The learned counsel for Bal Bharti Trust, Sh. Jagdish Vyas however submits that since the petitioners have not been paid the salary for last 4 years, the fund in question released by the State Government on account of grant-in-aid may be released to be appropriately distributed between the petitioners, seven in number and the respondent No.1 and other teachers of the School. SBCWP NO.7042/2008 – SMT. SUDHA BHARGAVA AND ORS. V/S SMT. BINDU HARSH . : JUDGMENT DTD.26.9.2008. 3/3 6. In the facts and circumstances of the case, this writ petition is disposed of setting aside the order dtd.7.8.2008 with a direction to the Executing Court as well as to the Administrator to distribute the said grant-in-aid received for the year 2007-2008 in the sum of Rs.6,97,203/- vide order dtd.15.5.2008 (Annex.7) in the ratio of 80% for payment of salary of regular teachers including seven petitioners before this Court and remaining 20% in part satisfaction of the decree of the respondent No.1 Smt. Bindu Harsh. 7. With these observations, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.9 Ss/-