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AKIL KURESHI, REKHA BORANA
Managing Committee – Appellant
Versus
Ghanshyam Sharma – Respondent
JUDGMENT
Borana, J. - The present three Special Appeals are decided by this Common Order as the two writ petitions (Ghanshyam Sharma & Rajesh Chandra Sharma) have been decided by the learned Single Judge in terms of the Judgment passed in the third writ petition pertaining to Sudha Gupta. For sake of convenience, facts of Writ Petition No.5508/2017 (Ghanshyam Sharma) are being narranted.
2. The brief facts of the case are as under:
3. The respondent-applicants (employees) moved an application under Section 21 of the Rajasthan Non Government Educational Institutions Act, 1989 (hereinafter referred to as 'Act of 1989') before the Rajasthan Non Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') for seeking relief of benefit of selection scale, amount of leave encashment, gratuity and provident fund.
4. During the pendency of said application, the Division Bench Judgment of this Court in D.B. Special Appeal (Writ) No. 663/2015; State of Rajasthan & ors. Vs. The Management Committee Shri Bhagwan Das Todi College came to be pronounced on 06.11.2015 and therefore, an application was moved on behalf of the Management before the Tribunal on 04.08.2
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.
Private unaided educational institutions are not obligated to pay salaries equivalent to Government/Aided institutions as per the Act and Rules, and the employee's entitlement is governed by the term....
The court mandates timely consideration of salary arrears for employees of Non-Government Educational Institutions based on established judicial precedents.
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 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.
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
Denial of pension to employees of aided institutions appointed prior to promulgation of Rajasthan Civil Services (Contributory) Pension Rules, 2005 at par with Government servants as per Pension Rule....
The main legal point established in the judgment is the obligation of the respondents to make payment of arrears of salary and other dues, as well as to grant approval and release grant-in-aid within....
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