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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
Arun Kumar Tiwari (the deceased) – Appellant
Versus
Rajasthan Non Govt. Edu. Institutions Tribunal, Jaipur, through Presiding Officer – Respondent
Order :
(ANOOP KUMAR DHAND, J.)
1. By way of filing this writ petition, a challenge has been led to the impugned judgment dated 15.07.2005 passed by Rajasthan Non Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as “the Tribunal”) by which the applications filed by the petitioner under Section 21 of the Rajasthan Non Government Educational Institutions Act, 1989 (hereinafter referred to as “the Act of 1989”) has been allowed and a direction has been issued to the respondents to make the payment of amount of due leave encashment to the petitioner.
2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed by the Tribunal to the extent of non-grant of interest on delayed payment of the amount of leave encashment. Learned counsel submits that unnecessarily the aforesaid amount was delayed by the respondents without any justified reason, hence under these circumstances, the Tribunal should have passed an order granting interest to the petitioner on the aforesaid amount. Learned counsel submits that, under these circumstances, interference of this Court is warranted.
3. Per contra, learned counsel for the respondent-manage
The Tribunal lacks jurisdiction to award interest on leave encashment dues under the Rajasthan Non Government Educational Institutions Act, 1989.
Respondent institutions may claim interest on delayed Grant-in-Aid payments if evidence proves claims were pending for over 60 days, ensuring fair compensation.
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.
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 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.
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....
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