The Managing Committee, NKB Girls Senior Secondary School v. Shri Naresh Kumar Sharma & Ors.

: 30th August, 2012 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.R.C.Joshi, for the petitioner. Mr.Ganesh Meena, Government Counsel. Mr.D.P.Sharma, for the respondent/s. By the Court: By this writ petition, a challenge has been made to the order passed by the Non-government Educational Tribunal, Jaipur (for short “the Tribunal”). The grievance of the petitioner institution is two folds. One is that direction given by the Tribunal is quite unspecific for grant of certain benefits whereas if anything is payable to the respondent-employees, specific direction should have been given. The other issue is in regard to the admissibility of benefit after 01st April, 1998, as the institution is not getting grant-in-aid from the aforesaid date. It is, however, submitted that similar order was subject matter of a writ petition, which was then dismissed

S.B. Civil Writ Petition No.7069/2004 The Managing Committee, NKB Girls Senior Secondary School Versus Shri Naresh Kumar Sharma & Ors. 2 and thereupon, an appeal against the said judgment has also been dismissed followed by dismissal of Special Leave to Appeal. The Division Bench of this Court however passed an order on 22nd November, 2006 on review petition. Therein, certain clarifications have been made. Accordingly, this writ petition may be covered by the order passed in the review petition. The petitioner Institution would accordingly extend the required benefit as admissible to their employees at par with the Government servant till 01st April, 1998 and if selection scale became due prior to the aforesaid date, same would also be extended to the respondent-employees and their pay scale would not be reduced only for the reasons that petitioner Institution is not taking grant-in-aid. Accordingly, the writ petition may be disposed of with the aforesaid clarifications.

Learned counsel for the respondents submits that order of Tribunal is very specific yet benefits admissible to the respondent-employees are clarified by this Court, they have no objection. This is moreso when the Division Bench in the S.B. Civil Writ Petition No.7069/2004 The Managing Committee, NKB Girls Senior Secondary School Versus Shri Naresh Kumar Sharma & Ors. 3 review petition has clarified that as to what benefits are admissible to the respondent-employees. Thus, similar directions may be issued in the present matter also. I have considered the submissions made by learned counsel for the parties and find that so far as the challenge to the order of Tribunal is concerned, it is mainly on the ground that it is unspecific for grant of benefits otherwise, the issue raised herein has already been settled by the Division Bench. I, accordingly clarify that respondent- employees would be entitled for benefits of pay scale at par with the Government servant till 01st April, 1998.

They would also be entitled for the benefit of selection scale pursuant to the Circular dated 25th January, 1992, if it became admissible to them till 01st April, 1998. After 01st April, 1998, pay scale of the respondent-employees would not be reduced by the petitioner Institution and it is further clarified that in future, grant-in-aid is received by the petitioner Institution either from retrospective date or otherwise, the rights of the respondent-employees would not be foreclosed based on the directions aforesaid. S.B. Civil Writ Petition No.7069/2004 The Managing Committee, NKB Girls Senior Secondary School Versus Shri Naresh Kumar Sharma & Ors. It is however clarified that Rajasthan Non- 4 government Educational Institutions Act, 1989 (for short “the Act of 1989”) came in effect from 01.01.1993, thus the respondent-employees would not be entitled for the arrears pursuant to any claim became admissible under the Act of

1989. However, if they were otherwise entitled for certain benefits under grant-in-aid rules then existing, such benefits would not be denied to the respondent-employees. With the aforesaid clarifications and directions, the writ petition so as the stay application are disposed. The order of the Tribunal stands modified with the aforesaid. (M.N. BHANDARI), J. Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Preety Asopa Jr.P.A.