Hon'ble RASTOGI, J.—These intra-court appeals have been preferred against order of the ld.Single Judge dt.11.07.2013 directing the State of Rajasthan to grant approval and release the grant-in-aid to the Managing Committee of the Institution, the original writ petitioner, on payment of dues towards enhancement of salary under the 6th Pay Commission; arrears of salary as a result of revision of pay-scales under the Rajasthan Civil Services (Revised Pay-Scales) Rules, 1998; amount towards selection scales admissible to the employees under the Notification dt.25.01.1992; and arrears towards leave encashment to which the employee is entitled for at par with the employees of the similar category in the State Government Institutions.

2. The ld.Single Judge mandated the Managing Committee of the Institute and the State Government that the entire exercise for payment of arrears, grant of approval and release of grant-in-aid be completed within a period of three months under the provisions of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions Etc.) Rules, 1993 framed thereunder.

3. It may be noticed that the State Counsel has admitted before the ld.Single Judge that the self same issue came up for consideration before the Single Bench of this Court in S.B.Civil Writ Petition No.2475/2006 (Rajasthan Mahila Vidhyalaya vs. State of Rajasthan & Ors.) decided on 25.10.2007 and has been further confirmed by the Division Bench vide judgment dt.27.08.2010 in D.B.Civil Special Appeal (Writ) No.02696/2009 (State of Rajasthan & Ors. vs. Rajasthan Mahila Vidhyalaya, Udaipur). Thereafter, review petitions came to be filed by the State Government seeking protection and invoking R.5(vii) of the Rajasthan Voluntary Rural Education Service Rules, 2010 that the State is not under obligation to pay arrears to the employees who have been absorbed under the Rules of 2010 and review petitions at the instance of the State of Rajasthan also came to be dismissed by the ld.Single Judge with costs.

4. At the outset, it may be noticed that we had occasion to examine R.5(vii) of the Rules, 2010 in D.B. Special Appeal (Writ) Nos.626/2013 & 635/2013 filed at the instance of the Managing Committee Bal Vidhyalaya and since the lis was between the Institution and employees and the appeals came to be dismissed vide judgment dt.22.11.2013 where the Institution also claimed its immunity from payment of arrears to the employees of which we had made a reference hereinafter seeking protection u/R.5(vii) & (xi) of the Rules, 2010. In that context, we observed that Cl. (vii) read with Cl. (xi) of the R.5 of Rules, 2010 could not absolve the Institution from their financial liability which is supposed to be discharged by making payment to the employees for the period of service which has been rendered by each of them in the Institu-tion. However, the question which has been raised in the instant batch of appeals filed at the instance of the State Government claiming their immunity/ absolving their financial liability to sanction grant-in-aid to the Non-Govt. Educational Institutions in the light of Cl. (vii) of R.5 has not come up for consideration before us in the earlier batch of appeals decided vide judgment dt.22.11.2013 passed in D.B. Special Appeal (Writ) Nos.626/2013 & 635/2013.

5. The core question which has been raised before us in the present batch of appeals, filed at the instance of the State Government, is:-

“Whether the State Government is under an obligation to extend aid to the Non-Government Educational institutions against approved expenditures provided u/R.14 of the Rules, 1993 which includes arrears of salary, selection scales/grades, revision of pay-scales, encashment of leave, etc. relating to the employees of such Institutions prior to coming i

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