Managing Comm. Chopasani S.S.School Vs. Arun Kumar Dave and anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/1166825
CourtRajasthan Jodhpur High Court
Decided OnOct-13-2014
AppellantManaging Comm. Chopasani S.S.School
RespondentArun Kumar Dave and anr
Excerpt:
1 in the high court of judicature for rajasthan at jodhpur s.b.civil writ petition no.7082/2014 (managing committee, chopasani senior secondary school versus arun kumar dave & anr.) date of order : 13.10.2014 hon'ble mr justice gopal krishan vyas ms.nupur bhati, for the petitioner. by the court : heard learned counsel for the petitioner. the petitioner is private education institution challenging the validity of the judgment dated 10.03.2014 (annex.2) passed by the rajasthan non-government educational institutions tribunal whereby the appeal filed by the respondent no.1 – arun kumar, retired employee of the petitioner institution was allowed and directions were issued to release all retiral benefits and selection scale and benefit of sixth pay commission. learned counsel for the petitioner submits that for want of aid from the state government, it is not possible for the petitioner institution to release all the benefits as ordered by the tribunal, therefore, the order impugned may be quashed and the state government may be directed to release the aid for the purpose of making compliance of order dated 10.3.2014 passed by the tribunal. after hearing learned counsel for the petitioner, this 2 court is of the opinion that the controvers.has already been adjudicated upto hon'ble supreme court in case of state of raj. versus s.r.higher secondary school, reported in 2005 (1) wlc (sc) 301 in which it has been held that all the employees working in the aided institutions are entitled for the benefits in accordance with the rules and if the institution was getting aid and the state government is not releasing aid then it is the dispute in between institution and the state government, the employee has nothing to do with the release of aid by the state government for getting all service benefits. in view of above, there is no force in this writ petition. hence, this writ petition is hereby dismissed. however, the petitioner institute is hereby granted liberty to file representation before the state for releasing the aid for the post upon which the respondent no.2 was working and in the event of receiving such representation, the secretary, education department, jaipur of state government shall decide the same within a period of two months strictly in accordance with rules but it is made clear that the benefits as ordered by the tribunal in favour of the respondent no.1 arun kumar shall be paid by the petitioner institution without further delay and it may be reimbursed from the state government. (gopal krishan vyas).j. arun/
Judgment:

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.CIVIL WRIT PETITION NO.7082/2014 (Managing Committee, Chopasani Senior Secondary School versus Arun Kumar Dave & Anr.) Date of Order : 13.10.2014 HON'BLE MR JUSTICE GOPAL KRISHAN VYAS Ms.Nupur Bhati, for the petitioner.

BY THE COURT : Heard learned counsel for the petitioner.

The petitioner is private education institution challenging the validity of the judgment dated 10.03.2014 (Annex.2) passed by the Rajasthan Non-Government Educational Institutions Tribunal whereby the appeal filed by the respondent No.1 – Arun Kumar, retired employee of the petitioner institution was allowed and directions were issued to release all retiral benefits and selection scale and benefit of sixth pay commission.

Learned counsel for the petitioner submits that for want of aid from the State Government, it is not possible for the petitioner institution to release all the benefits as ordered by the Tribunal, therefore, the order impugned may be quashed and the State Government may be directed to release the aid for the purpose of making compliance of order dated 10.3.2014 passed by the Tribunal.

After hearing learned counsel for the petitioner, this 2 Court is of the opinion that the controveRs.has already been adjudicated upto Hon'ble Supreme Court in case of State of Raj.

versus S.R.Higher Secondary School, reported in 2005 (1) WLC (SC) 301 in which it has been held that all the employees working in the aided institutions are entitled for the benefits in accordance with the rules and if the institution was getting aid and the State Government is not releasing aid then it is the dispute in between institution and the State Government, the employee has nothing to do with the release of aid by the State Government for getting all service benefits.

In view of above, there is no force in this writ petition.

Hence, this writ petition is hereby dismissed.

However, the petitioner institute is hereby granted liberty to file representation before the State for releasing the aid for the post upon which the respondent No.2 was working and in the event of receiving such representation, the Secretary, Education Department, Jaipur of State Government shall decide the same within a period of two months strictly in accordance with rules but it is made clear that the benefits as ordered by the Tribunal in favour of the respondent No.1 Arun Kumar shall be paid by the petitioner institution without further delay and it may be reimbursed from the State Government.

(GOPAL KRISHAN VYAS).J.

arun/