- (1.) Since on similar set of facts common orders passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short 'the Tribunal') as also the learned Single Judge are under challenge, all the appeals have been heard together and are being decided by this common judgment.
(2.) The Tribunal, while allowing individual applications filed by the respective employees vide order dated 9.3.1998, directed the respondent institutions to give benefit of selection scale to the concerned employees as per the circular issued by the State Government on 23.1.1985 and 25.1.1992. The Tribunal also directed the appellant department to get compliance of the orders passed by the Tribunal as per provisions of the Rajasthan Non-Government Educational Institutions Act, 1989 and the Rules, 1993.
(3.) The order passed by the Tribunal came to be challenged by respective institutions before this Court with the prayer to set aside the order of the Tribunal and, in the alternative, directions for the State Government to apportion the liability in the proportionate Grant-in-Aid being given to the institutions to satisfy the claims of the employees concerned as per directions of the Tribunal. This Court, while disposing the writ petitions filed by the institutions, observed as under: In the Rajasthan Non-Government Educational Institutions Act, 1989 and Grant in Aid and Service Conditions etc Rules, 1953, provisions have been incorporated placing responsibility on the Education Department to ensure the payment of salaries and other allowances to the employees therefore it is not necessary to issue directions to the State Government to apportion the liability in proportion of Grant in Aid. As already stated the petitioner School shall be entitled to get grant in Aid proportionately on the amount of Selection Grade and Gratuity as per its entitlement and contribution by the State Government towards Grant-in- Aid.;