S.B. CIVIL WRIT PETITION NO.4081/2004 Managing Committee & Ors. v. Shri Satyanarayan Sharma (5) S.B. CIVIL WRIT PETITION NO.4197/2004 Managing Committee & Ors.

S.B. CIVIL WRIT PETITION NO.4081/2004 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Dinesh Kumar Sharma & Ors. (4) S.B. CIVIL WRIT PETITION NO.4196/2004 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Satyanarayan Sharma & Ors. (5) S.B. CIVIL WRIT PETITION NO.4197/2004 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Vijay Anand Swami & Ors. (6) S.B. CIVIL WRIT PETITION NO.4208/2004 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Kailash Chand Yadav & Ors. (7) S.B. CIVIL WRIT PETITION NO.4212/2004 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Laxmi Narayan Gupta & Ors. (8) S.B. CIVIL WRIT PETITION NO.4213/2004 Managing Committee, Shri Shivnarayan Joshi Sr.

Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Anand Kumar Mishra & Ors. (9) S.B. CIVIL WRIT PETITION NO.4262/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Hukam Chand Sharma & Ors. (10) S.B. CIVIL WRIT PETITION NO.4263/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Rajendra Singh Tanwar & Ors. (11) S.B. CIVIL WRIT PETITION NO.4264/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Raghuveer Prasad Gurjar & Ors. 2 SBCWP NO.4082/2004 (12) S.B. CIVIL WRIT PETITION NO.4265/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Ghanshyam Shrama & Ors. (13) S.B. CIVIL WRIT PETITION NO.4266/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs.

Narendra Kumar Yadav & Ors. (14) S.B. CIVIL WRIT PETITION NO.4267/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Rameshwar Prasad Yadav & Ors. (15) S.B. CIVIL WRIT PETITION NO.4268/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Manohar Lal Yadav & Ors. (16) S.B. CIVIL WRIT PETITION NO.4269/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Juglal Singh & Ors. (17) S.B. CIVIL WRIT PETITION NO.4270/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Kartar Singh Bhagod & Ors. (18) S.B. CIVIL WRIT PETITION NO.4271/2005 Managing Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Kailash Chand Sharma & Ors. Date of Order :

24.11.2012 PRESENT HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Nitesh Kr. Garg on behalf of Mr. J.M. Saxena, for the petitioner-Institution. Mr. Ganesh Meena, Govt. Adv. Ms. Veena Trivedi Mr. Deepak Goyal BY THE COURT ] ] ], for the respondents. By these writ petitions, a challenge has been made to the order dated 07.05.2004, passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur whereby an application preferred by the 3 SBCWP NO.4082/2004 respondent-employee was allowed for benefit of revision of pay-scale in view of the revision by fifth pay scale rules. As the petitioner-Institution is an aided Institution, thus covered by Section 16 of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter 'the Act of 1989') and Rule 29 of the Rajasthan Non-Government Educational Institutions Rules, 1993 (hereinafter 'the Rules of 1993'). The Tribunal further took note of default of the petitioner-Institution in not maintaining PF account. The application under Section 21 of the Act of 1989 was accordingly allowed by giving benefit of the revised pay scale and a direction to maintain PF account and to deposit the contribution as per the rules.

Counsel for the respondents submits that the aforesaid issue has already been decided by this Court in catena of judgments and for ready reference a decision in the case of Management Committee, Shri Shivnarayan Joshi Sr. Sec. School, Kansli, Tehsil Kotputali, District Jaipur Vs. Shri Kanchan Lal Sharma, SBCWP No.4083/2004, decided on 28.02.2008 has been given where same Institution was before this Court and therein interference was not made by the court.

I have considered the submissions and found that as per Section 16 of the the Act of 1989 and Rule 29 of the Rules of 1993, the aided Institution is under an 4 SBCWP NO.4082/2004 obligation to provide the same pay-scale to its employees as is admissible to the employees of the Government institution. The petitioner-Institution is under obligation to maintain EPF account with contribution in accordance with EPF Act.

In the light of the aforesaid, I find no illegality in the impugned order dated 07.05.2004. The writ petitions so as the stay applications are accordingly dismissed. This is more so when similar petition of the petitioner-Institution has already been dismissed. MS/- (M.N. BHANDARI), J All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, Jr. P.A.