Mohammad Rafiq, J. - (1.) THE petitiones who are LRs of Smt. Rashida Gajdar in this writ petition have claimed the benefit of selection scale. Smt. Rashida was serving the respondent as Teacher having been appointed as such in the year 1965. She continuously served the respondent up to 31st January, 2002 and then she retired on attaining the age of superannuation.
(2.) ACCORDING to the petitioners, she was entitled to the benefit of selection scale made admissible to the Government Teachers by Circular dated 25th January, 1992 on completion of 9, 18 and 27 years of service. The scheme envisaged in the aforesaid circular was that in case the government servant has not been granted at least one promotion in service span of 9 years, he/she shall be entitled to selection scale corresponding to the scale of pay of the post of promotion. The respondents have contested the writ petition and have submitted that their society is receiving grant in aid only in relation to secondary section of the school and not for primary and preprimary section thereof. According to learned Counsel for the respondents, even under 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, only primary and secondary sections are included within the purview of non -government institution. According to him, the pre -primary section where said Smt. Rashida Gazdhar was serving was not even required to seek recognition from the government and therefore would not fall within the definition of recognized institution as given in Section 2(s) of the Act. He therefore argued that the selection scale cannot be ordered to be given to the said Smt. Rashida Gazdhar.
(3.) A Full Bench of this Court in S.R. Higher Secondary School and Anr. v. Raj. Non -Government Educational Institutions Tribunal, Jaipur and 23 Ors. reported in, 2002 (3) WLC (Raj.) 586 on consideration of the very same controversy held that when the Teachers working in Government Educational Insituttions are entitled to selection grade, on the same line Teachers working with Non - Government Educational Institutions also entitled to the same selection grade. The Full Bench did not make any distinction whether such selection scale would be available only in relation to that part of the School which is receiving grant -in -aid and not for the other part against which grant -in -aid was not being provided by the Government. Although the Full Bench held that once when the Government decides to provide grant -in -aid in accordance with Section 7 of the Act, it leaves no room for the sanctioning authority to exercise its discretion to grant or not to grant aid in respect of items covered by that Section. Selection scale being salary, it will form part of grant -in -aid and thus the State Government in that eventuality should sanction the grant in accordance with the percentage prescribed to the category in which the institution is placed.;