Dinesh Maheshwari, J. - (1.) The petitioner, who joined the services in a College established and managed by the respondent No. 3, a Non- Government Educational Institution and who retired on 31.12.2001 from the post of Principal, has filed this writ petition stating the grievance against non-payment of the amount of leave encashment.
(2.) It is submitted that the respondent No. 3 is receiving aid from the State Government under the provisions of the Rajasthan Non- Government Educational Institutions Act, 1989 ('the Act of 1989') and the Rajasthan Non-Government Educational Institutions (Recognition, Grand-in-Aid and Service Conditions etc.) Rules, 1993 ('the Rules of 1993'). It is further submitted that in terms of Section 29 of the Act of 1989, the employees of the Non- Government Educational Institutions are entitled to the same scales of pay and allowances to which the staff belonging to the similar categories in the Government Institutions are entitled to; and that includes leave encashment allowance too. The petitioner served a notice seeking payment towards leave encashment on 02.02.2005 (Annex. 1) that was replied by the respondent No. 3 on 21.02.2005 (Annex. 2) in the manner that the release of the amount of leave encashment would depend on the instructions of the State Government.
(3.) The petitioner submits that though the State Government proceeded to issue a circular dated 05.04.2007 stating that the leave encashment would be admissible w.e.f. 19.12.2005 but such a proposition remains contrary to the provisions of the Act of 1989 and the declaration of law by this Court in the case of S.R. Higher Secondary School & Ors. v. Rajasthan Non-Government Educational Institutions Tribunal, Jaipur & Ors. : 2002 (5) WLN 3.;