- (1.) THE Government of Rajasthan by a notification dt. 25.1.1992 allowed selection grades to a batch of its employees on completion of a definite term of service. The selection grades under the order aforesaid were prescribed to remove stagnation in service due to non -availability of adequate number of promotional posts. The employees working with Non -Governmental Institutions in the State of Rajasthan governed under the Rajasthan Non -Government Educational Institutions Act, 1989 and the Rules framed thereunder also claimed for grant of selection grades as per the order dt. 25.1.1992. On denial of the selection grades such employees preferred several original applications before the Rajasthan Non -Government Educational Institutions Tribunal and also writ petitions before this Court. The writ petitions as well as the original applications by different orders came to be accepted. Challenge was given to the orders passed by the Tribunal before this Court, but that failed. Several special appeals then were filed by the aided institutions including the present petitioner. A Division Bench of this Court on 20.2.2001 requested Hon'ble the Chief Justice of this Court to make a reference of the following questions for their adjudication by a Larger Bench: - - whether the teachers of Non -Government Educational Institutions (for short "NGEIs") who are receiving grant -in -aid under the Rajasthan Non -Government Educational Institutions Act, 1989 (for short 'the Act') read with the rules framed thereunder, namely the Rajasthan Non -Government Educational Institutions (Recognition, Grant -in -aid and Service Conditions etc.) Rules 1993 (for short 'the Rules'), are entitled to selection scale as given to the employees/teachers serving in government educational institutions by virtue of the circular/order dt. 25.1.1992. Whether the government is bound to give grant -in -aid for selection scale of the teachers of NGEIs receiving aid, and whether the teachers of NGEIs receiving aid are entitled for leave encashment benefits after retirement under the Act and the Rules framed thereunder.
(2.) HON 'ble Larger Bench of this Court answered the reference by holding that the teachers working with Non -Governmental Institutions covered under the Act of 1989 are required to be treated at par with the similarly situated employees working in Government Educational Institutions and as such they are entitled to receive selection grades in terms of the order dt. 25.1.1992 and further the leave encashment also. Hon'ble Larger Bench also held that the aid from the State Government is admissible on the amount of selection grades and leave encashment payable to the employees of Non -Governmental Institutions.
(3.) A challenge was given to the Full Bench judgment of this Court by way of filing a special leave petition before Hon'ble the Supreme Court wherein the only issue under adjudication was with regard to entitlement of the teachers working with Non -Government Educational Institutions for leave encashment benefits after retirement from service. Suffice to mention that the other issues were not examined by Hon'ble the Supreme Court in view of the statement given by learned counsel appearing for the State of Rajasthan that he was neither having instructions nor any file or papers from the State Government to make any submission to assail the judgment of the Full Bench. Be that as it may, the, challenge given by the State of Rajasthan to the Full Bench judgment before Hon'ble the Supreme Court also failed on rejection of the civil appeals on 15.9.2004. One employee of the petitioner institution Shri Jawahar Singh Jangid also preferred an application under Section 21 of the Act of 1989 before the Rajasthan Non -Government Educational Institutions Tribunal, Jaipur to have selection grades as per the Government of Rajasthan notification dt. 25.1.1992. The application came to be accepted and a challenge to the order passed by the Tribunal was given by the petitioner institution before this Court by way of filing a petition for writ. In the writ petition aforesaid the State of Rajasthan through the Secretary, Department of Education, Government of Rajasthan and the Director (Secondary Education), Government of Rajasthan were party as respondents No. 2 and 3 respectively. The writ petition aforesaid came to be disposed of on 13.8.2002 in light of the Full Bench judgment of this Court. After disposal of the writ petition and affirmance of the order passed by this Court by Hon'ble Supreme Court on 15.9.2004, the petitioner submitted a representation to the competent authorities of the State of Rajasthan to release necessary aid. The Government of Rajasthan on 5.4.2007 made an order for grant of notional benefits of selection pay scale to the teachers working with the Non -Governmental Institutions from 28.5.2002 and for grant of cash benefits from 19.12.2005. A contempt petition, thus, was filed before this Court, that came to be disposed of on 1.2.2008 with following observations: - So far the payment made by the petitioner to Jawahar Singh is concerned, since the payment had to be made by the petitioner in compliance of the order of the Tribunal passed in the year 1999, which was subject matter of adjudication in the writ of the petitioner, which culminated into its decision by the Full Bench reference dt. 28.5.2002, the petitioner is entitled to receive the proportionate amount of grant from the State. Since the payment to Jawahar Singh is said to have been made on 21.3.2007, the petitioner may submit a fresh representation to the State for reimbursement of the proportionate amount by way of grant, and the State Government will make the payment accordingly in accordance with the order made by the Tribunal within a period of two months from the date of receipt of representation. The contempt proceedings are, therefore, dropped and the contempt petition is, accordingly, disposed of. (Emphasis given by us) ;