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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
SMT KIRAN BHATIA W/O SHRI TILAK BHATIA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Learned counsel for the petitioner(s) at the very outset submits that since the controversy has been set at rest by the Division Bench of this Court in the case of State of Rajasthan & Ors. Vs. The Management Committee, Shri Bhagwan Das Todi Collage & Ors.: 2016 (3) RLW 1911 (Raj.); hence for the present, the petitioner(s) would be satisfied if the respondents are directed to consider and decide the representation of the petitioner(s) within a time frame.
2. The Division Bench of this Court while dealing with somewhat identical controversy in the case of Bhagwan Das Todi Collage (supra), observed thus:-
“45. The Special Appeals filed by the State Government are without substance and accordingly dismissed and taking note of the Sec. 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 & 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
The court mandates timely consideration of salary arrears for employees of Non-Government Educational Institutions based on established judicial precedents.
The court applied similar directions from a previous case to ensure timely processing and payment determinations for employees.
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.
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....
The court established that non-government educational institutions are obligated to pay salary arrears and other dues to employees in accordance with the Revised Pay Scales Rules and previous judicia....
The court held that a teacher in a private aided school, whose services were taken over by the state, is entitled to grant-in-aid for salary with payments limited to three years prior to filing due t....
Respondent institutions may claim interest on delayed Grant-in-Aid payments if evidence proves claims were pending for over 60 days, ensuring fair compensation.
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