- (1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set aside the orders dated 31st July, 2007 and 13th August, 2007 (Annexures-4 and 6), whereby the learned Civil Judge (Jr.Division), Jaipur City (East), Jaipur, passed an order in execution proceedings directing the judgment-debtor/respondent no.3 District Education Officer, Elementary Education (I), Jaipur to deduct the decretal amount of Rs. 5,10,946/- from the amount of grant in aid payable to the petitioner.
(2.) ADUMBRATED in brief, the facts of the case are that the petitioner is an Educational Society and has been running educational institutions and imparting education to the students through Gaur Vipra Primary School. The Gaur Vipra Primary School is an aided institution, which has been receiving grant-in-aid from the State Government. The respondent no. 2 Smt. Kusum Agarwal was appointed by the petitioner Society as a trained Teacher on 30th June, 1971 after undertaking the recruitment process. She was appointed relying on the certificate of B.S.T.C produced by her. Subsequently, she was not found a trained Teacher in view of the Government Order dated 25th August, 2000 and her services were terminated w.e.f. 22nd September, 2000. The respondent no.2 Smt. Kusum Agarwal preferred an appeal against the said termination order dated 21st September, 2000, before the Tribunal and the same was allowed. Aggrieved with the order of the Tribunal, the petitioner filed a writ petition in the High Court, which also stood dismissed on 16th September, 2002. The respondent, thereafter, retired from the service on attaining the age of superannuation on 30th September, 2001. In the meanwhile, the respondent no.2 Smt. Kusum Agarwal filed another Appeal no. 147/2001 before the Rajasthan Non-Governmental Educational Institution Tribunal, Jaipur (hereinafter to be referred in short as 'RNGEIT, Jaipur') under Section 21 of the Act of 1989 and claimed following reliefs:- (i)Grant of selection grade in pursuance of order dated 25th January, 1992. (ii)Fixation of pay since 1.9.1996 under the Revised Pay Scale (Fifth Pay Commission) Rules, 1998; (iii)Disbursement of arrear amount from 1.9.1996 to 30.3.1999 with interest @ 18% per annum. This application was contested by the petitioner by filing a reply, however, the RNGEIT, Jaipur, vide its order dated 5th December, 2002 allowed the application and directed the petitioner to pay the dues amount pursuant to the order dated 25th January, 1992 after fixation of pay and also directed that if any amount was found due under Revised Pay Scale (Fifth Pay Commission) Rules, 1998, then they also must be paid.
(3.) THEREAFTER, the respondent no.2 filed an execution application before the learned Civil Judge (Jr. Division), Jaipur City (East), Jaipur, seeking an execution of the order dated 8th February, 2001 and 5th December, 2002 rendered by the learned RNGEIT, Jaipur. In the execution application, it was stated that in compliance of the judgment of the Tribunal dated 8th February, 2001, the respondent was entitled to get salary and allowances for the period w.e.f. 22nd September, 2000 till her superannuation on 30th September, 2002 and further in compliance of the judgment dated 5th December, 2002, the respondent no. 2 Kusum Agarwal was entitled to get benefit of selection grade, pay fixation under the Revised Pay Scale Rules, 1996. As per the due drawn statement, the respondent no.2 claimed a sum of Rs. 8,24,907/-. The learned Executing Court having heard both the parties decreed an amount of Rs. 5,10,946/- in favour of the respondent no.2 Kusum Agarwal and against the petitioner Society.;