Mohammad Rafiq, J. - (1.) PETITIONER has filed this writ petition challenging judgment dated 17.12.2002 of Rajasthan Non -Government Educational Institutions Tribunal Jaipur passed in appeal filed by Respondent No. 3 whereby he was held entitled to grant of selection scale and gratuity in terms of government circular dated 25.01.1992.
(2.) SO far as selection scale and gratuity is concerned, which has been ordered to be paid to retired employee i.e. Respondent No. 3, a larger bench of this Court in S.R. Higher Secondary School v. Rajasthan Non -Government Educational Institutions Tribunal Jaipur and Ors. : RLW 2003 (1) Raj. 530, has categorically held that government is liable to pay to non -government educational institutions proportionate grant -in -aid towards payment of selection scale regarding gratuity. Supreme Court in Rajasthan Welfare Society v. State of Rajasthan : (2005) 5 SCC 275, has held that aided non -government educational institution concerned shall be free to make a representation to government and in case of filing of such representations by such institution, the State Government would consider sympathetically question of gratuity amount payable to employees being taken into consideration for purpose of computing amount of grant -in -aid. It is stated in the petition that Petitioner may not be saddled with such liability of payment. Petitioner although may be required to make such payment to retired employee, but if he was working on a post against which grant -in -aid was being received, government is liable to pay proportionate amount to such institution. It is not in dispute that Respondent No. 3 Badri Narain was working on a post against which grant -in -aid was received and Petitioner is receiving grant -in -aid to extent of 90%.
(3.) NONE appeared on behalf of Petitioner even in second round.;