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MANAGEMENNT COMMI.,S.S.D.S.S.SCHOOL versus CIVIL JUDGE(J.D.) SARDARSAHAR & ORS.

High Court of Rajasthan

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MANAGEMENNT COMMI.,S.S.D.S.S.SCHOOL v CIVIL JUDGE(J.D.) SARDARSAHAR & ORS. - CW Case No. 5221 of 2007 [2007] RD-RJ 4201 (27 August 2007)

S.B.CIVIL WRIT PETITION NO.5221/2007

Management Committee, Seth Sampatramji Dugar Senior

Secondary School, Sardarsahar v.

Civil Judge (JD), Sardarsahar & Ors. 27th August, 2007

Date of Order ::

HON'BLE MR.JUSTICE GOVIND MATHUR

Mr. M.S.Panwar, for the petitioner.

Mr. Pankaj Gupta, for the respondents. ....

By this petition for writ validity, propriety and correctness of the order dated 4.8.2007 passed by learned Civil Judge (JD), Sardarsahar is questioned by alleging the same arbitrary. By the order aforesaid the executing court ordered for making execution of the judgment and order dated 25.3.2006 passed by the Rajasthan Non Government Educational

Institutions Tribunal, Jaipur.

The contention of counsel for the petitioner is that the selection grades can be given to the respondent employee in accordance with the circular of the Government of Rajasthan dated 5.4.2007 and not by taking into consideration the earlier services. It is also stated by counsel for the petitioner that the executing court should have instructed the Government of Rajasthan to perform its duty by providing aid to the petitioner institution.

I see no merit in the contention advanced by counsel for the petitioner. The executing court is always required to act for execution of the order/decree passed by adjudicating court. In the instant matter too the order passed by the executing court is for execution/compliance of the directions given by the Rajasthan Non Government Educational

Institutions Tribunal by its judgment and order dated 25.3.2006. No error thus exists in the order impugned that may warrant interference of this Court under

Articles 226 and 227 of the Constitution of India.

Accordingly, the petition for writ is dismissed.

( GOVIND MATHUR ),J.

Kkm/ps.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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