STATE OF RAJASTHAN Vs. MANAGEMENT COMMITTEE SH. BHAGWAN DAS TODI COLLEGE
LAWS(RAJ)-2015-11-130
HIGH COURT OF RAJASTHAN
Decided on November 06,2015

STATE OF RAJASTHAN,State Of Rajasthan And Another State Of Rajasthan And Another Secretary, Management Committee Shri Bhagwan Das Todi College Appellant
VERSUS
Management Committee Sh. Bhagwan Das Todi College,The Management Committee Sh. Bhagwan Das Todi College Management Committee Smt. Kamla Devi Gouri Dutt Mittal (Girls Pg College) - Dr. Kulbhushan Sharma And Others Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) - These intra-court appeals have been preferred against order of the ld. Single Judge dated 11.07.2013 directing the State of Rajasthan to grant approval and release the grant-in-aid to the Managing Committee of the Institution, the original writ petitioner, on payment of dues towards enhancement of salary under the 6th Pay Commission; arrears of salary as a result of revision of pay-scales under the Rajasthan Civil Services (Revised Pay-Scales) Rules, 1998; amount towards selection scales admissible to the employees under the Notification dated 25.01.1992; and arrears towards leave encashment to which the employee is entitled for at par with the employees of the similar category in the State Government Institutions.
(2.) The ld. Single Judge mandated the Managing Committee of the Institute and the State Government that the entire exercise for payment of arrears, grant of approval and release of grant-in-aid be completed within a period of three months under the provisions of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions Etc.) Rules, 1993 framed thereunder.
(3.) It may be noticed that the State Counsel has admitted before the ld. Single Judge that the self same issue came up for consideration before the Single Bench of this Court in S.B.Civil Writ Petition No. 2475/2006 [Rajasthan Mahila Vidhyalaya v. State of Rajasthan & Ors.] decided on 25.10.2007 and has been further confirmed by the Division Bench vide judgment dated 27.08.2010 in D.B. Civil Special Appeal (Writ) No. 02696/2009 [State of Rajasthan & Ors. v. Rajasthan Mahila Vidhyalaya, Udaipur] . Thereafter, review petitions came to be filed by the State Government seeking protection and invoking R.5(vii) of the Rajasthan Voluntary Rural Education Service Rules, 2010 that the State is not under obligation to pay arrears to the employees who have been absorbed under the Rules of 2010 and review petitions at the instance of the State of Rajasthan also came to be dismissed by the ld. Single Judge with costs.;


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