Kanoria P.G. Mahila Mahavidyalaya vs The State of Rajasthan and Others

Mohammad Rafiq, J.—Petitioner has filed this writ petition challenging judgment dated 17.12.2002 of Rajasthan Non-Government Educational Institutions Tribunal Jaipur passed in appeal filed by Respondent No. 3 whereby he was held entitled to grant of selection scale and gratuity in terms of government circular dated 25.01.1992.

So far as selection scale and gratuity is concerned, which has been ordered to be paid to retired employee i.e. Respondent No. 3, a larger bench of this Court in S.R. Higher Secondary School v. Rajasthan Non-Government Educational Institutions Tribunal Jaipur and Ors. RLW 2003 (1) Raj. 530, has categorically held that government is liable to pay to non-government educational institutions proportionate grant-in-aid towards payment of selection scale regarding gratuity.

Supreme Court in Rajasthan Welfare Society Vs. State of Rajasthan, has held that aided non-government educational institution concerned shall be free to make a representation to government and in case of filing of such representations by such institution, the State Government would consider sympathetically question of gratuity amount payable to employees being taken into consideration for purpose of computing amount of grant-in-aid. It is stated in the petition that Petitioner may not be saddled with such liability of payment. Petitioner although may be required to make such payment to retired employee, but if he was working on a post against which grant-in-aid was being received, government is liable to pay proportionate amount to such institution. It is not in dispute that Respondent No. 3 Badri Narain was working on a post against which grant-in-aid was received and Petitioner is receiving grant-in-aid to extent of 90%.

None appeared on behalf of Petitioner even in second round.

Learned Deputy Government Counsel appearing on behalf of Respondent State, has opposed writ petition and submitted that as far as gratuity is concerned, Supreme Court in Rajasthan Welfare Society''s case (supra) merely directed that educational institution would be free to make representation and government would consider the same sympathetically.

Having regard to facts of present case and submissions of counsel for Respondent State, this writ petition is disposed of requiring Petitioner to make a representation to government for making payment of selection scale in terms of larger bench decision of this Court in S.R. Hr. Section School (supra), wherein this Court has categorically held that government would be under an obligation to pay grant-in-aid towards payment of selection scale to retired employee of such institution which shall form part of salary as defined in 2(r) of Rajasthan Non-Government Education Institutions (Recognition, Grant in Aid and Service Conditions etc.) Rules, 1993. So far gratuity is concerned, Supreme Court in Para 17 of judgment in Rajasthan Welfare Society (supra), held as under:

Before parting, we wish to note that if representations are made by aided non- government educational institutions, the State Government would consider sympathetically the question of the gratuity amount payable to the employees being taken into consideration for the purpose of computing the amount of grantin-aid. We, however, clarify that pending making of such representation and its consideration, the payment of gratuity to the employees shall not be delayed.

In view of above, Petitioner is directed to make representation to government. In case such representation is made, same shall be decided within a period of three months from the date of its making.