Vidhya Bhawan Society And Anr vs K.S. Chahar And Ors
2022 Latest Caselaw 11522 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2605/2010

1. Vidhya Bhawan Society, Dr. Mohan Singh Mehta Marg, Fatehpura, Udaipur

2. The Managing Committee, Vidhya Bhawan Rural Institute, Udaipur through its Secretary

----Petitioners Versus

1. K.S. Chahar S/o Shri Bharat Singh, aged 59 years, R/o A-2, Staff Quarter, Vidhya Bhawan Rural Institute, Udaipur.

2. The Commissioner, College Education, Government of Rajasthan, Jaipur.

3. The Rajasthan non-Government Educational institution Tribunal Rajasthan, Jaipur.

                                                                  ----Respondents


For Petitioner(s)         :     Mr. Rakesh Arora
For Respondent(s)         :     Mr. Manoj Bhandari, Sr. Advocate
                                assisted by Mr. Govind lal
                                Mr. Himanshu Shrimali



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                     Order

16/09/2022

In the instant writ petition, a challenge has been laid to the

judgment dated 03.11.2009 passed by the Rajasthan Non

Government Educational Institutions Tribunal, Jaipur in application

No.243/2005.

Learned counsel for the parties jointly submitted that the

controversy involved in the instant writ petition stands covered by

the judgment of Division Bench of this Court in D.B. SAW

No.663/2015 (State of Rajasthan & Anr. Vs. The Management

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Committee Sh. Bhagwan Das Todi College). The relevant portion

of the judgment (supra) is reproduced below for ready reference:-

"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.

The Single Bench of this Court has also examined the same controversy in S.B.Civil Writ Petition No.7134/20125 [Seth G.L.Bihani S.D.Sr.Secondary School & 3 Ors. Vs. State of Rajasthan & Ors.] decided on 17.05.2013 reported in 2013 (4) WLC (Raj.) 350 we have been told that intra- court appeal has been preferred by the State Government which is pending before the main seat at Jodhpur. But after we have gone through the judgment, we are in full conformity with the view expressed by the ld.Single Judge dt.17.05.2013. It is admitted before the court that

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share/contribution of the Institution which is payable to the employees has been finally paid by the Institution to each of the employee and this fact has been admitted that it is only the share of the State Government which is outstanding and payable to each of the employee absorbed in the State Government under Rules, 2010.

As regards alternative submission made by Mr.Inderjeet Singh, Additional Advocate General that until the payment is first made by the Institution, the State Government cannot be called upon for reimbursement in the ordinary course. Certainly, it is the Institution who has to first make payment to the employees and then claim reimbursement from the State Government. But, in these peculiar facts & circumstances, when the employees of the Non- Government Aided Institutions are either absorbed by the State Government under the Rules, 2010 w.e.f. 01.07.2011 or retired when the Rules, 2010 came into force or declined to join service in the State Government and the matter pertains to arrears of salary and other dues which are the approved expenditure payable to each of the employee u/R.14 of the Rules, 1993 and accrued to each of them under the Act, 1989 & Rules, 1993 framed thereunder, taking note of Sec.31(2) of the Act, 1989 this court considers it appropriate that let the Non-Government Recognized Institutions shall prepare due-drawn statement of each of the employee of Non-Government Aided Recognized Institutions in regard to their arrears of salary and other dues which are the approved expenditures to the extent of grant-in- aid and the same be sent to the State Government and the State Government after its due verification from their records make payment of arrears to each of the employee (since now being posted in the State Government) who are members of the Rules, 2010 or to other employees similarly situated under intimation to the concerned Non-Government Recognized Institution.

It is informed to this court that employees in general who had earlier served in the Non-Government Aided Educational Institutions and have now been absorbed by the State Government under the Rules, 2010 or such employees who have either retired or have not inclined to join service under the Rules, 2010 for their arrears either in respect of the arrears of salary or fixation on account of revision of pay-scales under the Rules, 1998 or in respect of other approved expenditures u/R.14 of the Rules, 1993 have approached the Non-Government Educational Tribunal for their legitimate claim which has been finally settled upto the Apex Court but the Educational Institutions are

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making payment of their own share and to the extent of grant- in-aid to be sanctioned by the State Government. There is a litigation going on at various levels and the Educational Institutions are taking their defence that claims of the employees are approved expenditures which have been finally settled by the Apex Court and their contributions have already been paid to the employees and the State Government to the extent sanction the grant-in- aid, it may not be possible for the Institutions to pay.

At the same time, the State Government is taking its defence that although these are approved expenditures and the entitlement of the employees has not been disputed and the defence of the State Government is that it is the Non-Government Aided Educational Institution who has to pay all arrears towards approved expenditures and the State Government is protected not to pay against arrears to employees in view of R.5(vii) of the Rules, 2010.

It is also informed to this court that the State Government by an amendment u/Sec.7(1) of the Act, 1989, discontinued sanctioned of grant-in- aid to the Non-Government Aided Institutions vide Notification dt.25.03.2011 which came to be published in the official gazette on 27.03.2011 and after the employees of Aided Institutions are absorbed in the State Government, grievance of the employees was that as long as they continue to serve in the Non-Government Aided Institutions, the State Government is under an obligation to release grant-in-aid to the extent sanctioned for the employees serving in the Non- Government Aided Institutions. In those batch of Writ Petition No.829/2012 [Arti Mathur Vs. State of Rajasthan] along with other writ petitions came to be decided by the Division Bench of this court vide judgment dt.16.04.2013 finally held that the action of the Government in withdrawing grant-in-aid, so far as it relates to the posts in which the teaching and non- teaching staff of the Non-Government Aided Educational Institutions are still continuing, is adjuged to be illegal and ultravires of the Act, 1989 and mandated the State Government for such of the teaching/non-teaching staff working in the Non- Government Aided Institutions, the State Government is under an obligation to the extent sanction grant-in- aid and release the same to the Institution but we have been informed that judgment of the Division Bench of this court came to be challenged by the State Government in Special Leave to Appeal and interim protection has been granted by the Apex Court.

The Special Appeals filed by the State Government are without substance and accordingly

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dismissed and taking note of the Sec.31(2) of the Act, 1989 we direct the Non-Government Educational Institutions to prepare due drawn statement of each of the employees of their Institution who have worked against sanctioned & aided posts in regard to their arrears of salary and other dues which are approved expenditures to the extent of grant-in-aid and the same be sent to the State Government and the State Government after its due verification from their records will make payment of arrears to each of the employee who either have now become members of Rules, 2010 or have retired or left the job (upto the period one has worked) and to other employees similarly situated under intimation to the concerned Non- Government Recognized Institution.

However, it may not remain confined to such of the employees who are covered under the present litigation and since the employees of the State Government and the Non-Government Aided Institution are under litigation at various levels either before the ld.Tribunal or in this Court and after this issue being settled by us, we consider it appropriate that let this order be made applicable mutatis mutandis to all such employees who are similarly situated, in the manner as directed by this court and indicated above.

The Non-Government Aided Institutions shall ensure compliance of this order within two months and the State Government shall ensure compliance in letter & spirit within two months thereafter by making actual payment to the employee of the Non-Government Aided Institutions.

With these directions, all the special appeals stand disposed of, in the above terms. There shall be no order as to costs."

In view of the aforesaid submissions, the present writ

petition is disposed of in above terms. The respondents are

directed to ensure compliance of this order within a period of

three months from today.

(KULDEEP MATHUR),J 23-KshamaD/-

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