HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
Director, Technical Education – Appellant
Versus
Managing Committee, Vidya Bhawan Society, Fatehpura Udaipur. Through The Secretary – Respondent
| Table of Content |
|---|
| 1. overview of appeals related to delayed payments. (Para 1 , 2) |
| 2. contention regarding state's delay in payments. (Para 3 , 4) |
| 3. court's ruling on interest entitlement based on claim application dates. (Para 5 , 6 , 7) |
| 4. final orders on payment disbursement and applications. (Para 8 , 9 , 10) |
JUDGMENT :
Heard learned counsel for the parties.
1.The present bunch of Special Appeals arise out of the common order dated 26.08.2022 passed by the learned Single Judge whereby a batch of writ petitions was decided directing the appellant State to pay the interest as directed by the Tribunal on the delayed payment of Grant-in-Aid, therefore, the present appeals are being decided by this common judgment.
2. For deciding the controversy involved in the present batch of appeals, briefly noted facts of the case are that the respondent institutions being aggrieved against the judgment passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as the ‘Tribunal’) on various dates and the Execution Petitions being pending before the Civil courts, filed the writ petitions before the learned Single Judge. In the writ petitions, it was stated
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 Tribunal lacks jurisdiction to award interest on leave encashment dues under the Rajasthan Non Government Educational Institutions Act, 1989.
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 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.
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