S.B. Civil Writ Petition Nos. 12458, 12459, 16500, 16501, 16516, 16766, 16777 and 17369/2016. Case: The Managing Committee, Shri Balika Uchch Prathmik Vidyalaya Vs Sharda Rajpoot and Ors.. Rajasthan High Court

Case Number:S.B. Civil Writ Petition Nos. 12458, 12459, 16500, 16501, 16516, 16766, 16777 and 17369/2016
Party Name:The Managing Committee, Shri Balika Uchch Prathmik Vidyalaya Vs Sharda Rajpoot and Ors.
Counsel:For Appellant: Prahlad Singh, Adv. and For Respondents: Ajay Raj Tantia, Adv.
Judges:Ajay Rastogi, J.
Issue:Service Law
Judgement Date:February 09, 2017
Court:Rajasthan High Court
 
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Order:

Ajay Rastogi, J.

  1. The Management of the Non-Government Educational Aided Institution who as alleged is receiving 90% grant-in-aid from the State Government has approached to this Court by filing instant batch of writ petitions assailing order of the Non-Government Educational Institutions Tribunal disposing of batch of applications filed by the individual employee u/S. 21 of the Act, 1989 by common order dt. 21-3-2016.

  2. The learned Tribunal while disposing of the batch of applications vide its consolidated order dt. 21-3-2016 observed as under:-

  3. As regards entitlement of the individual employee towards his legitimate dues under different heads which has been directed by the Tribunal to be payable to the employee is not in dispute and the only submission made by counsel for petitioner is that since the Institution is receiving 90% grant-in-aid from the State Government and this Court while disposing of D.B. Special Appeals (Writ) No. 663/2015 & other connected appeals vide judgment dt. 6-11-2015, has laid down a mechanism in making payment to the employee which has been noticed by the Tribunal against the approved expenditure, has to be paid directly by the State Government to the extent the Institution is receiving grant-in-aid from the Government and as regards balance is concerned the Institution is ready to pay its contribution directly to the employee.

  4. Counsel for petitioner submits that the Institution has sent the due drawn statement of the individual employee to the State Government but it has not been responded so far and that is the only troubling factor for which the Institution who is willing to make the payment but is not in a position to comply order of the Tribunal impugned dt. 21-3-2016.

  5. After taking note of the grievance raised by the petitioner at least this Court finds no manifest error being...

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