1. - This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 on behalf of the petitioner-appellant, the Managing Committee Shri G.R. Chamariya P.G. College, Fatehpur Shekhawati, District Sikar (hereinafter shall be referred to as 'the appellant Committee') is directed against the judgment dated 25.10.2002 of the learned Single Judge in S.B. Civil Writ Petition No. 7499/2002.

2. The writ petition was preferred by the appellant Committee against the judgment dated 3rd of September, 2002 of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short, the Tribunal') on the Application No. 133/2000 of the respondent Teacher, Ramdeen Gupta. In the application the respondent Teacher made the claim for gratuity, encashment of leaves and revision of pay scales as per the recommendations of the Vth Pay Commission.The learned Tribunal decided the matter on 3rd of September, 2002 and the claim of the respondent Teacher for the gratuity, encashment of leave and revision of pay scale as per the recommendations of the Vth Pay Commission has been accepted. The judgment of the learned Tribunal has been confirmed by the learned Single Judge under the impugned order and thus this special appeal.

3. In S.R. Higher Secondary School & Another v. Rajasthan Non-Government Educational Institutions Tribunal, Jaipur D.B. Civil Writ Petition No. 2565/99 : along with 23 other cases, following questions were referred to the Full Bench of this Court,

"Whether the teachers of Non-Government Educational Institution (for short 'NGEIs') who are receiving grant-in-aid under the Rajasthan Non-Government Educational Institutions Act, 1989 (for short 'the Act.) read with the rules framed thereunder, namely the Rajasthan Non Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (for short 'the Rules'), are entitled to selection scale as given to the employees/teachers serving in Government educational institutions by virtue of the circular/order dated 25.1.1992.

Whether the Government is bound to give grant-in-aid for selection scale of the teachers of NGEIs receiving aid, and

Whether the teachers of NGEIs receiving aid are entitled for leave encashment benefits after retirement under the Act and the Rules framed thereunder."

4. The Full Bench answered the aforesaid questions in favour of the Teachers under its judgment dated 28.5.2002'. The judgment of the Full Bench was taken to the Hon'ble Supreme Court by the aggrieved parties and the Bunch of Civil Appeals have been decided under the order dated 15th of September, 2004 and the same have been dismissed confirming the judgment of the Full Bench. Thus the judgment of the Full Bench of this Court in S.R. Hr. Sec. School's case (supra) has attained finality.

5. In view the legal position stands concluded as on day, the claim of the respondent Teacher accepted by the learned Single Judge of revision of pay scales and the encashment of leaves, is not questionable. Similarly the claim of the Teachers of Non-Government Educational Institutions receiving grant-in-aid re-selection scale also stands finally decided in their favour by the Hon'ble Supreme Court.

6. The Division Bench as well as the learned Single Bench of this Court many special appeals and writ petitions held that the Teachers of the Non-Government Educational Aided Institutions are entitled for gratuity.

7. Those matters have also been taken by the State of Rajasthan and he Management Committee of the Institutions before the Hon'ble Supreme court and the same are pending for adjudication and decision. However, it is not in dispute that Hon'ble the Supreme Court has not stayed the judgment of this court.

8. As regards to the claim of gratuity made by the respondent Teachers of the Non-Government Educational Aided Institutions, the learned counsel for the appellant submitted that the matter is subjudice before Hon'ble the Supreme Court and hearing of the appeal m