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ARUN MONGA
Managing Committee, Mahaveer Uchch Madhyamik Vidhyalaya, Bhilwara through its Secretary – Appellant
Versus
Rajasthan Non-Government Educational Institution Tribunal, Jaipur – Respondent
ORDER :
1. The petition herein is directed against an award/order dated 04.12.2002 (Annex.3) passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, whereby an application of respondent No.2 (Raj Kumar Kankariya), an ex-employee of the petitioner, filed six years after having left employment, was allowed directing the petitioner to accord certain financial benefits, pertaining to short duration of one & half years when he was in service.
2. In fact, the controversy and succinct facts have been more appropriately summed up vide an order dated 01.02.2007 passed by a Coordinate Bench earlier seized of the matter, presided over by Govind Mathur, J. (as he then was in this court) and being apposite, same is reproduced herein below:
An application under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989, is maintainable even if there is a delay in filing it, provided the grievance is a continuing wrong....
Reinstatement is not an automatic remedy for illegal termination; monetary compensation may be awarded based on employee’s context, such as age and duration of service.
The appointment under Dying-in-Harness Rules was substantive and could not be terminated without due process. Mere implication in false and illegal proceedings not resulting in any punishment cannot ....
The court established that employees are entitled to benefits under the Revised Pay Scale Rules from the date of their appointment, and any denial based on administrative inefficiencies or financial ....
The court held that interruptions in the respondent's service were caused by deliberate and mala fide actions of the institution and the State authorities were also held responsible for not preventin....
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