- (1.) THIS intra -Court appeal has been filed by the Managing Committee of aided institution receiving 90% grant -in -aid from the State Government. Facts in nut -shell relevant for the present controversy are that the respondent employee submitted application u/s. 21 of the Rajasthan Non -Government Educational Institution Act, 1989 ("Act, 1989") claiming the benefit of selection scale after completion of 9 -18 -27 years of service and also the gratuity under the Act, 1989.
(2.) THE learned Tribunal after adjudicating the dispute vide its order dated 31.8.1999 held that the employee was entitled for selection scale in terms of circular of the State Government dt. 25.1.1992 and at the same time is also entitled for gratuity along with interest @ 12% per annum and that came to be assailed by the appellant Managing Committee by filing CWP -616/2000 but that was dismissed by the learned Single Judge vide order dt. 29.3.2000 upholding the directions of the learned Tribunal and that has been assailed by the appellant Managing Committee by filing instant intra -Court appeal.
(3.) AT the outset, as regards the question whether the employees of aided institution are entitled for gratuity, selection scale and leave encashment, the issue has been settled by the Apex Court in : JT 2005 (4) SC 163 and also by the larger Bench of this Court in a case reported in, 2002 (2) DNJ (Raj.) 613 as regards entitlement of leave encashment the matter travelled to the Apex Court reported in, 2005(1) WLC (SC) Civil 301, thus, the controversy as regards entitlement is no more res -integra. The main thrust of submissions of counsel for appellant is that the institution is receiving 90% aid from the State Government and unless the aid is released by the State Government for the purpose of making payment towards gratuity/selection -scale/leave encashment, in absence whereof the institution is not under obligation to make payment.;