AJAY RASTOGI,J. - (1.) SINCE in both these special appeals common question of fact and law are involved, with the consent of parties, the matters were analogously heard and are decided by this present order.
(2.) INSTANT intra court appeals have been filed by the appellants assailing order of the Ld. Single Judge dt.9.5.2013 upholding the order of Rajasthan Non Government Educational Tribunal, Jaipur (The Tribunal) directing the appellants to make payment of selection scale in terms of Circular of the Govt. dt.25.1.1992 on completion of 9 -18 years of satisfactory service and giving benefit of Fifth Pay Commission with effect from 1.9.1996 under the Rajasthan Civil Services (Revised Pay) Rules, 1998 (Revised Rules 1998) and thereafter of Sixth Pay Commission under Rajasthan Civil Services (Revised Pay) Rules, 2008 (Revised Rules 2008) w.e.f. 1.9.2006 and all such pay revision and dearness allowances extended to the teachers working in the non Govt. Aided Institutions and the gratuity and payment of leave encashment to which the employee was entitled upto the date of relieved from the respective post held in the non govt. aided institution i.e. 30.6.2011 along with simple interest @ 6% per annum. The appellant no.1 is a Managing Committee of the society registered under the Rajasthan Societies Registration Act, 1958 (Act 1958) and running education institution in the name of Bal Mandir School which is an aided institution receiving 90% aid and grant from the State Govt. of Rajasthan. Respondents 3 -7 are the employees of the Educational Institution who initially approached by filing of their application u/S.21 of the Rajasthan Non Govt. Educational Institutions Act, 1989 (Act 1989) claiming their dues regarding fixation of pay in the revised pay scales, gratuity, leave encashment, benefits of selection scale, difference of pay and dearness allowance etc.
(3.) IT is to be noted that the respondents 3 -7 initially joined service as a teacher after their regular selection in the aided educational institution and for employees working in non govt. aided institution to safeguard their service conditions, the state government in exercise of powers conferred by proviso to Art.309 of the Constitution of India framed rules regulating appointment and other service conditions of persons who are in recognized non govt. aided education institution and working against the aided and sanctioned post by introducing the Rajasthan Voluntary Rural Education Service Rules, 2010 (Rules 2010) and the Scheme of Rules 2010 recognized such of the employees who were working in the recognized non govt. aided institution and worked against aided and sanctioned post and under the Scheme of Rules 2010, the State Govt. provided procedure of appointment in Govt. service by adjudging their suitability and to be screened by the Screening Committee constituted under sub -rule 3 of R.4 of the Rules 2010 and those found to be suitable by the committee were recommended for appointment. At the same time, while such of the employees who were given employment in state government their terms and conditions for appointment is being regulated in terms of R.5 of the Rules 2010.;