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.

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 04.08.2016 with a prayer to decide the matters in terms of the judgment passed in Bhagwan Das Todi's case.

5. The learned Tribunal proceeded on to decide the application vide its order dated 08.11.2016 against which the appellant- Managing Committee preferred the present writ petition before this Court. While issuing notices in the writ petition, an interim order was passed on 20.04.2017 in favour of the petitioners by the learned Single Judge which was continued till further orders from time to time.

6. On 16.12.2020, an application was preferred by the petitioners for extension of the interim order dated 27.11.2017. It has been averred by the counsel for the appellants that the learned Single Judge, instead of deciding the said application, decided the writ petition itself on 13.01.2021 totally in contravention to the judgment of the Division Bench passed in Bhagwan Das Todi's case. The learned Single Judge proceeded on to decide the writ petition relying upon the judgment dated 20.09.2019 passed in S.B. Civil Writ Petition No. 3081/2016; Managing Committee & Another Versus Sudha Gupta & Another wherein the judgment as passed in Bhagwan Das Todi had been considered.

7. In Sudha Gupta's case, the learned Single Judge held as under:

'I have considered the submission and on perusal of the judgment passed by the Division Bench in the case of The Management Committee, Sh. Bhagwan Das Todi College & Ors. (supra), this Court finds that the Division Bench examined the cases in relation to the Rules of 2010 and taking into consideration that the employees of the aided institutions had been absorbed with the State Government, a direction was issued directing the State Government to pay the unpaid amount to the concerned employee, which was due against the concerned educational institution to the extent of aid being granted to the institution.

In view of the above, this Court is of the firm opinion that the directions would be confined only to those employees who have been absorbed with the State Government and would not extend to those employees, who retired while working with the institution(s) and are claiming their dues as against the institution(s). Since, admittedly the employees stood already retired, it is the duty of the institution to pay the entire amount as claimed by the employees and if they have any case for reimbursement from the State Government, they can always get the aid to be released from the concerned State Government. It is made clear that if such reimbursement is claimed in terms of the aid being given to the institution, the said reimbursement shall be released by the State Government.

Accordingly, no case for interference is made out. The writ petition is found to be devoid of merit and the same is accordingly dismissed. Due payment be made with