D.P. Sharma, for Respondent/s

Hon'ble BHANDARI, J.—By these writ petitions, a challenge has been made to the order passed by the Rajasthan Non-government Educational Institutions Tribunal, Jaipur (hereinafter to be referred as "the Tribunal") whereby the application moved by the private respondents under Section 21 of Rajasthan Non-government Educational Institutions Act, 1989 (hereinafter to be referred as "the Act of 1989") was allowed.

2. The matters pertain to grant of selection scale pursuant to the circular of State Government dated 25.01.1992.

3. Learned counsel for the petitioners submits that vide impugned order, benefit of selection scale has been granted to the respondents-employees from the date prior to what has been fixed by the State Government. The Govt. of Rajasthan issued two circulars. As per last circular, benefit of selection scale has been made admissible since 28.5.2002. The Tribunal thus committed error in allowing benefit of selection scale from the date prior to 28.5.2002.

4. Apart from the aforesaid, another ground urged is against a direction to make the payment of selection scale by the Institution and then to seek grant-in-aid against it from the Government. According to the learned counsel, 80% of grant-in-aid was made admissible to the petitioner Institution by the State Government, thus the Tribunal should have restricted payment of selection scale only to the extent of 20% by the petitioner Institution and remaining by the State Government. However, while concluding the order, erroneously a direction has been given to the petitioner Institution to make entire payment. Accordingly,, on both the grounds, writ petitions deserve to be allowed by the setting aside the impugned order or modifying it.

5. In S.B. Civil Writ Petition No.1288/2011, it is further submitted that claim was barred by limitation as the employee therein retired in the year 1994, whereas the application before the Tribunal was preferred in the year 2005. He should not have extended benefit beyond a period of three years prior to the institution of the application. Thus, the impugned order in the aforesaid case deserves to be set aside on that count also.

6. Learned counsel for the respondent-employee submits that issue raised by the petitioner has already been settled by the Full Bench of this Court in the case of S.R. Higher Secondary School & Anr. vs. Rajasthan Nongovernment Educational Institutions Tribunal, Jaipur and 23 others reported in 2002(3) WLC (Raj.) 586. The judgment of the Full Bench was then up-held by the Hon'ble Apex Court in the year 2004. Pursuant to the judgment of Full Bench, petitioner institution was under an obligation to advance benefit of selection scale as per the circular dated 25.01.1992. Since necessary benefit was not given to the employees, they were left with no option but to submit application before the Tribunal.

7. Coming to the circular issued by the Government, providing benefit of selection scale since 28.05.2022. It is urged that circulars have been issued in disregard to the direction of this Court, thus action of the State is contemptuous in nature. The judgment of the Full Bench cannot be circumvented by the State authority by issuing a circular and if any such circular is issued, it is to be treated as nullity. In the background aforesaid, the respondent-employees have rightly been allowed benefit of selection scale pursuant to the circular dated 25.01.1992. The controversy in regard to the circular issued by the respondents came up for consideration before this Court in the case of Senior Higher Secondary School Managing Committee, Laxmangarh vs. C.K. Mathew & Ors. in D.B. Civil Contempt Petition No.312/2006 in D.B. Civil Writ Petition No.2565/1999. Therein, considering the judgment of Full Bench, circular dated 05.04.2007 was taken in violation of the direction of the Full Bench. In view of the judgment of the Division Bench on the issue, circular issued by the Government cannot be taken

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