Point of Law: It is responsibility of State to determine amount on basis of due drawn statement sent by Educational Institutions.

ORDER :

1. This bunch of writ petitions lays challenge to different orders passed by the Rajasthan Non-Government Educational Institution Tribunal, Jaipur (hereinafter referred to as ‘the Tribunal’) to the extent of requiring the petitioner-Institutions to comply with the order and pay the entire amount mentioned in the orders to the employees without any direction to the State to pay its share of the liability.

2. Learned counsel for the petitioner argued that the Tribunal cannot fix the burden of paying the amount upon the petitioner-Institutions, particularly when the final amount is to be determined by the State and it is the State’s duty to pay its share of grant-in-aid (90/80 or 70 percent, as the case may be).

3. Learned counsel for the petitioner-Institutions submitted that the Tribunal has issued directions to pay the amount under different heads without arriving at the figures or determining the amount payable to the employees. He informed that in light of such stipulation in the orders, all the employees have filed execution proceedings against the petitioner-Institutions. And the bigger problem is, that in absence of determination by the Tribunal or by the Government, Institutions are being asked to pay whatever amount has been claimed by the employees in the execution petitions.

4. He argued that in absence of clarity on the amount to be paid and in absence of corresponding liability upon the State qua its share, the petitioner-Institutions are facing hardship and they are not in a position to pay/deposit even their share before the Tribunal though they bonafidely wish to pay at least their share. Learned counsel submitted that most of the employees have filed execution petitions in the Tribunal or in the Civil Courts.

5. Inviting Court’s attention towards the judgment dated 06.11.2015 passed by the Division Bench of this Court at Jaipur Bench in the case of State of Rajasthan and Another vs. The Management Committee Sh. Bhagwan Das Todi College (D.B. Special Appeal (Writ) No. 663/2015), learned counsel argued that even as per the Division Bench judgment, it is the responsibility of the State to determine the amount on the basis of due drawn statement sent by the Educational Institutions.

6. Learned counsel appearing for the respondent-State submitted that the Institutions should at least deposit their share of the liability before the Tribunal in terms of the interim orders passed by this Court.

7. Learned counsel appearing for the private respondents submitted that the petitioner-Institutions have not complied with the interim order passed by this Court and in most of the cases, they have not deposited their share (10/20 or 30 percent, as the case may be). They submitted that had the petitioner-Institutions deposited their share in compliance of the interim orders, perhaps the respondent-employees would have got some respite.

8. Learned counsel for the petitioner in rejoinder submitted that the petitioners are ready and willing to pay/deposit their share of the liability but since the State has not determined the amount, they are not in a position to discharge their obligation pursuant to the interim orders passed by this Court.

9. Heard rival counsel.

10. The Division Bench in the judgment dated 06.11.2015 in the case of Bhagwan Das Todi College (supra) had directed thus:

“The Special Appeals filed by the State Government are without substance and accordingly dismissed and taking note of the Section 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 and 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,