AJAY RASTOGI, J. - (1.) SINCE common question of law and facts are involved in both the special appeals hence disposed of by the present order. The facts have been noticed from SAW No.1082/2005. The respondent-employee Mangilal Sharma made a complaint before the Non-Government Educational Institutions Tribunal by filing an application u/S.21 of the Rajasthan Non-Government Educational Institutions Act, 1989 and prayed that he was paid his regular salary of the post of Teacher in the grade of Rs.1200-2050 continuously but from October, 1994 without any justification his salary was reduced to half i.e. 50% from November, 1994 onwards and he being an employee of a recognized Aided Institution is entitled to be paid salary as admissible to a Government employee in terms of Sec.29 of the Act, 1989.
(2.) THE appellant-Institution filed their reply before the ld.Tribunal and their basic objection was that the State Government has withheld their 50% grant from 1990 onwards, in absence whereof they are not in a position to pay full pay and allowances, as admissible to a Government employee to respondent-Teacher and as regards their share of contribution to the extent of 50% of pay and allowances admissible to him, that is being continuously paid. The ld.Tribunal after taking into consideration material on record came to the conclusion that if the Institution is a recognized and aided Institution but if aid has been withheld by the Government for any good reasons, that could not be a ground to deprive the rights of the employee and the remedy can always be availed by the Institution provided under the Scheme of Rules 1993 and at least the Teachers/Employees of an aided Institution are entitled for their pay and allowances in terms of Sec.29 of the Act which postulates that scales of pay and allowances of the employees of aided institution shall not be less than those prescribed for the staff of similar category in the Government Institutions and accordingly ld.Tribunal directed the appellant-Institution to make payment of pay and allowances in full to which the respondent-Teacher was entitled for to the extent withheld from November, 1994 and shall continue to pay the same vide order dt.27th May, 1996. However, the application filed for recalling of the order by the appellant-Institution came to be rejected by the ld.Tribunal vide order dt.26th September, 1996 and the ld.Single Judge after hearing the parties also affirmed the order of the ld.Tribunal. Hence, this appeal.
(3.) COUNSEL for appellant-Institution vehemently contends that appellant-Institution was an aided Institution but it is not receiving any aid after 1990 and several correspondence was made to the State Government and all the discrepancies, pointed out by the officials of the State Government, were complied with but the fact still remains that the State Government failed to release their Grant-in-Aid in absence whereof Sec.29 of the Act 1989 has no application and the Institution is not under obligation to pay such pay and allowances payable to employees of State Government.;