IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Arun Bhansali, J.
Managing Committee, Vidya Bhawan Society, Fatehpura, Udaipur. Through The Secretary And Ors. – Petitioners
Versus
Ratanlal Meghwal S/o Shri Jai Chand Meghwal and ors. - Respondents
S.B. Civil Writ Petition No. 9552, 9555, 9563, 9651, 9655, 9759, 9763, 11066 of 2019, 7419, 8001, 8002, 8004, 8320, 12397 of 2020
Decided On : 26-08-2022
Rules of 1993 - Rule 15 - Amount of Gratuity - Arrears of Pay - Respondents-teachers/employees approached Tribunal for due amount of gratuity, leave encashment and payment pertaining to arrears of pay based on revision of pay scales - Present petitions have been filed by petitioner institution seeking to question direction of Tribunal in ordering for payment of amount of interest on due amount and/or execution proceedings initiated by judgment holders before Executing Court for recovery of amount of interest from petitioner institution – Held, Rule 15 of Rules of 1993 reads as Payment of Recurring Grant.- (1) Payment of grant-in-aid may be sanctioned by Director of Education regularly to institution already on grant-in-aid list within budget provision in current financial year - Thus, argument of learned counsel for appellant that State is only required to reimburse payment which has already been made by institution to employees, has no applicability in this matter - Therefore, for this delayed payment of amount, petitioner schools (aided institutions) cannot be saddled with liability to pay interest - In view of above, order of learned Single Judge directing State Government to pay interest on aforesaid amounts, does not suffer from vice of illegality and Court is of considered opinion that order passed by learned Single Judge does not call for any interference - In view of above fact situation, State alone is responsible to make payment of interest on amount other than that of gratuity payable to teachers/employees - Consequently, writ petitions filed by petitioner are allowed to extent that other than amount of gratuity payable to respondents-teachers/employees, petitioner institution shall not be responsible for payment of interest and to that extent directions given by Tribunal in impugned judgments shall stand set aside and in 4 cases, where execution proceedings are pending before Executing Court, petitioner institution shall not be proceeded against to above extent.
ORDER :
1. The matters come up on applications filed by the petitioners for disposal of the present writ petitions.
2. With the consent of the parties, the applications are allowed and the petitions are finally heard.
3. These writ petitions have been filed by the petitioners aggrieved against judgments passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (‘the Tribunal’) dated 23.4.2015 (in CWP No.7419/2020), 8.2.2016 (in CWP No.8004/2020), 14.2.2017 (in CWP No. 11066/2019), 10.3.2017 (in CWP No. 12397/2020), 10.3.2017 (in CWP No. 8002/2020), 23.4.2015 (in CWP No. 8320/2020), 26.2.2019 (in CWP No.9655/2019), 13.3.2019 (in CWP No.9763/2019), 13.3.2019 (in CWP No.9563/2019), 18.3.2019 (in CWP No.9759/2019), 18.3.2019 (in CWP No. 9651/2019), 18.3.2019 (in CWP No. 9555/2019), 18.3.2019 (in CWP No.9552/2019) and 26.9.2019 (in CWP No.8001/2020) and in four cases the proceedings initiated by the respondents-teachers/employees seeking execution of the judgments passed by the Tribunal before the Civil Court also.
4. The respondents-teachers/employees approached the Tribunal for due amount of gratuity, leave encashment and payment pertaining to the arrears of pay based on revision of pay scales.
5. The Tribunal by its various orders, ordered for payment of the amount due to the teachers/employees. While accepting the applications, the directions in following nature were given-
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6. The present petitions have been filed by the petitioner institution seeking to question the direction of the Tribunal in ordering for payment of amount of interest on the due amount and/or the execution proceedings initiated by the judgment holders before the Executing Court for recovery of the amount of interest from the petitioner institution.
7. Learned counsel for the petitioners made submissions that issue raised by the petitioners regarding its responsibility to make payment of interest is concluded by judgment in Managing Committee, Rajasthan Mahila Parishad and Anr. Vs. Mohan Giri Goswami & Ors. : SBCWP No. 1958/2016 decided on 9.11.2016, wherein this Court came to the conclusion that, insofar as, the direction to pay interest on the amount of gratuity was concerned, the petitioner institution were liable, however, for rest of the interest, the petitioner institution were not liable for payment.
8. Against the above judgment dated 9.11.2016, the respondent approached Division Bench and Division Bench in Mohan Giri Goswami Vs. Managing Committee, Rajasthan Mahila Parishad : D.B. Spl. Appl. Writ No. 178/2017 decided on 13.3.2018, upheld the order passed by the Single Judge and, therefore, as the issue raised is squarely covered by order in the case of Mohan Giri Goswami (supra), the petitions deserve to be allowed and the order passed by the Tribunal to the extent of direction to pay interest on the amount other than the amount of gratuity, deserves to be set aside and the execution applications pending before the Executing Court in this regard deserve to be dismissed to the said extent. Further submissions were made that the liability to pay interest, if any, is that of the State and the Tribunal was not justified in exonerating the State, who was solely responsible for the delay, in this regard.
9. Learned counsel appearing for the respondents -teachers/em
Respondent institutions may claim interest on delayed Grant-in-Aid payments if evidence proves claims were pending for over 60 days, ensuring fair compensation.
The Tribunal lacks jurisdiction to award interest on leave encashment dues under the Rajasthan Non Government Educational Institutions Act, 1989.
The court held that the petitioner-institution is liable to pay gratuity and leave encashment to respondent-employees for their service period, as per the applicable rules and acts.
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
The court balanced the financial hardship faced by the school with the petitioners' claim for interest, ultimately deciding against granting further interest to maintain equity.
The court established that the State is obligated to ensure payment of dues to all employees of non-government aided institutions, irrespective of their employment status with the State.
The State of Chhattisgarh is not the employer of teachers in private aided educational institutions, and the liability for gratuity payments lies with the institutions, not the State.
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