JUDGEMENT
Munishwar Nath Bhandari, J. -
(1.) BY this writ petition, a challenge is made to the order of Rajasthan Non -government Educational Institutions Tribunal (for short "Tribunal") dated 26.09.1998 whereby the Tribunal allowed the application moved by the non -petitioner employee for grant of benefit of gratuity and leave encashment. I find that issue for entitlement of gratuity and leave encashment has already been settled by the Full Bench of this Court as well as by Hon'ble Supreme Court. In view of above, grant of benefit to the non -petitioner employee cannot be interfered. It is also seen that while hearing the case, following interim order was passed by this Court, which is quoted hereunder for ready reference:
I find no ground for staying the operation of the order of Tribunal. However, the payment be made to the N.P No. 3 in pursuance to the order of the Tribunal which shall be subject to the reimbursement from the State Government as per Grant -in -Aid received by the petitioner which shall be decided at the time of disposal of the writ petition.
The stay application is disposed of accordingly.
(2.) THE perusal of interim order reveals a direction to the petitioner for payment of amount of pursuant to the impugned order and to seek reimbursement from the State Government as per grant -in -aid received. In the light of the aforesaid, if payment as directed by the Tribunal has not been extended to the non -petitioner No. 3 then it may be extended within three months from the date of receipt of copy of this order and thereupon, reimbursement be claimed from the State Government in accordance to the rules, if it has not already been claimed in the light of the interim order quoted above. With the aforesaid, the writ petition stands disposed of without causing interference in the impugned order.;
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