- (1.) THE petitioners have preferred this revision petition against the impugned order dated 17th of April 2007 passed by the Civil Judge (Jr. Div.), Jaisalmer under Section 27A of the Rajasthan Non Governmental Educational Institutions Act 1989 (for short, 'the Act of 1989'), rejecting the objections raised on behalf of the petitioner educational institution and directing them to pay the benefit of selection grade to the first respondent Omprakash Bhatia pursuant to the directions of the Rajasthan Non Government Educational Institutions Tribunal issued by it vide its judgment dated 11th of November 2002 i.e. Annex.7.
(2.) ASSAILING the impugned order, the learned counsel for the petitioners Mr. Samdaria would urge that in absence of any order of pay fixation of the first respondent by the State Government, an executing Court cannot grant the benefit of selection scale founded on a decree passed by the Tribunal on 11.11.2002. The learned counsel for the petitioners has also urged that the petitioner institutions are in receipt of grant in aid to the extent of 70% of the approved planned expenditure and therefore, unless and until the said grant is released by the State Government, the institution is not obliged to pay salary to the respondent in the selection scale and the arrears thereon. With these submissions, learned counsel for the petitioners has contended that the executing Court has not properly examined the objections submitted by the petitioners and therefore the order impugned is liable to be interfered with in exercise of revisional jurisdiction of this Court. Per contra, learned counsel for the first respondent Mr. S.D. Purohit has strenuously urged that the objections raised on behalf of the petitioners were wholly untenable because grant of selection scale does not depend upon pay fixation of an incumbent by the State Government and the aforesaid right of an individual employee flow from the Notification dated 17.11.1997 issued by the State Government. Mr. Purohit has argued that Circular dated 17.11.1997 clearly stipulates that an employee of the aided institution is entitled for grant of selection grade on completion of 9, 18 & 27 years of service at par with the government employee by virtue of Section 29 of the Act of 1989 and Rule 34 of the Rajasthan Non Government Educational Institutions (Recognition, Grant in aid and Service Conditions Etc.) Rules, 1993. Repelling the contention of the petitioners on the anvil that grant in aid has not been released by the State Government, learned counsel Mr. Purohit has submitted that release of grant in aid is not condition precedent for allowing the benefits of selection scale to the respondent employee.
(3.) LEARNED counsel Mr. Hemant Choudhary has argued that the payment of selection scale to an employee of the aided institution is prime duty of the employer, and after payment being made the State Government can release the grant in aid as per rules and norms. Mr. Choudhary further submits that after making payment of the requisite amount, the petitioner institutions can stake its claim for reimbursement to the extent of grant in aid by furnishing concrete proof that the requisite amount has been paid to the incumbent employees.;