Rajesh Balia, J. - (1.) HAVING heard learned Counsel for the parties, we do not find any force in this appeal. The appellant who was employed as a teacher under respondent No. 1 which as a Non -Governmental Educational Institute. He retired on completing age of superannuation on 31.07.1990.
(2.) NON -Governmental Educational Institute Act came into force on 01.01.1993. Under the provisions of said Act, the provisions of the Gratuity Act, 1972 were extended to the employees of Rajasthan Non -Governmental Educational Institute Act, 1989. The appellant non -petitioner made a complaint before the Secretary, Zila Janabhav Nirakaran Satarkta Samiti cum Additional Collector, City, Sri Ganganager claiming payment of gratuity as on the date he retired from the service in terms of R.82(1) framed under the Act of 1989. The Additional Collector directed the respondent No. 1 management of the school to pay the gratuity amount to the appellant which become due to him under R.82(1) of the Rules of 1993.
(3.) THE said order of the Additional Collector was subjected to challenge in Writ Petition No. 225/2006 by the respondent No. 1 and the same has been allowed vide order under appeal by holding that petitioner having retired prior to commencement of the Act of 1989 and Rules made thereunder he is not entitled to the gratuity. The learned Single Judge also relied on the decision of the Hon ble Supreme Court in the matter of Ahmedabad Pvt. Primary Teachers Association v. : (2004)ILLJ596SC .;