ORDER :

1. The instant Special Appeal (Writ) has been filed challenging the order impugned dated 30.07.2005 passed by the learned Single Judge whereby S.B. Civil Writ Petition No. 8031/2004 titled as Managing Committee, Tegor Bal Niketan Samiti & Anr. vs. Sh. P.K. Sharma & Ors., was dismissed.

2. It is submitted by learned counsel for the appellants that S.B. Civil Writ Petition No. 8031/2004 was filed before the learned Single Judge challenging the order of the learned Rajasthan Non-Government Educational Institutions Tribunal (hereinafter, ‘Tribunal’) dated 19.03.2004 passed in Application No. 244/2000 whereby the learned Tribunal directed the petitioner-appellants to make payment of salary and allowances to the respondent-employee, equivalent to their counterparts serving in Government/Aided Colleges while further issuing directions to allow in favour of the respondent-employee, the benefits of the Vth Pay Commission.

3. At this juncture, learned counsel for the petitioner-appellants submitted that the petitioner-appellant is an absolutely unaided but recognized educational institution. No form of any aid is conferred upon the petitioner-appellant by the State Government. Theref