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Judgment
This appeal is barred by limitation from 22 days. Certain
other defects too are their. Ignoring the same, we have looked
into merits of the case.
Learned Single Bench while disposing of the writ petition
directed the State Government to release the grant in aid in
favour of the respondent Institution towards the arrears till the
absorption of the employees working with it in the service of the
Government of Rajasthan as per provisions of the Rajasthan
Voluntary Rural Education Service Rules, 2010.
A division Bench of this Court while adjudicating the issue of
similar nature held as under :-
"In our considered view, Cl.(vii) of R.5 of Rules, 2010 has no application in regard to the Non- Government Educational Institutions under the scheme of the Act, 1989 & Rules, 1993 framed thereunder. To the extent of grant-in-aid sanctioned by the State Government to the Institutions against arrears of salary being approved expenditures, the Government is under legal obligation to sanction grant-in-aid and has to be paid to the employees of the Non-Government Aided Institutions under the Act, 1989 & Rules, 1993 framed thereunder, for which we have made a detailed discussion in the earlier part of the judgment.
However, Cl.(vii) of R.5 of the Rules, 2010 mandates the employees not to claim arrears from the State Government. However, the scheme of Act, 1989 and Rules, 1993 framed thereunder provides that the privity of contract is between the Institutions and the employees for payment of salary and all other approved expenditures and the State Government has to reimburse to the Non- Government Aided Institutions and there is no restriction/prohibition on the Institution to claim arrears from the Government towards salary and other approved expenditures, as contemplated u/R.14 of the Rules, 1993 and Cl.(vii) of R.5 of the Rules, 2010 will not come in the way of the Institutions in claiming grant-in-aid to the extent sanctioned by the State Government and it can be further noticed that u/Sec.31(2) of the Act, 1989 in the peculiar circumstances where the management of the Aided Institution fails to pay the salary of its employees as referred to in sub-sec.(1) or in Sec.29 of the Act, the Director of Education or any officer authorized by him holds authority to deduct such salary from the amount payable as the next grant- in-aid or, if necessary, from the amount of any subsequent grant-in-aid and pay directly to the staff such salary on behalf of the management and such payment shall be deemed to be a payment of money to the management of the Institution itself.
Thus, the grant-in-aid can be sanctioned and paid directly by the State Government to the employees of the Aided Educational Institutions in the exigency, if arises, as being postulated, by the Legislature in its wisdom, u/Sec.31(2) of the Act, 1989 and in our considered view the financial liability, which has been created upon the State Government and settled by this court, of which we have made reference supra receiving grant-in-aid from the State Government against the approved expenditures under the Act, 1989 and Rules, 1993 framed thereunder, at least for the period till the employees are absorbed in the State Government under the Rules, 2010, w.e.f. 01.07.2010 remained on the sanctioned & aided posts in the Non- Government Aided Institutions, cannot be abrogated or absolved by creating a subordinate Legislation by virtue of Cl.(vii) and u/C.(xi) of R.5 of the Rules, 2010.
At the same time, it may be noticed that such of the employees who were in service of the Non-Government Aided Institution and working against the sanctioned & aided post when the Rules, 2010 came into force either retired before screened and appointed in the State Government or are not inclined to join service under the Rules, 2010, R.5(vii) indisputably, shall not come in their way and the State Government is under legal obligation to sanction grant-in-aid and has to part with its share against arrears of salary and other approved expenditures provided u/R.14 of the Rules, 1993 for such employees and two different yardsticks/standards cannot be adopted for those who joined service under the Rules, 2010 and others who are not inclined to join, as observed and in our considered view, sub-R.(vii) of R.5 of the Rules, 2010, has no application and entitlement/right of the Institution accrued cannot be divested or abrogated by the State Government on creation of a subordinate Legislation and that is not permissible by law."
In view of the law laid down by the Division Bench in a batch
of special appeals led by D.B. Special Appeal (Writ) No.663/2015
(State of Rajasthan & Anr. Vs. The Management Committee Sh.
Bhagwan Das Todi College), we do not find any just reason to
interfere with the order impugned. In view of it, the application
under Section 5 of the Limitation Act is dismissed. In result, the
appeal too is dismissed.