- (1.) INSTANT petition has been filed at the stage when application was filed by respondent-Teacher seeking execution of order dt. 21/06/01 (Ann. 1) passed by Rajasthan Non-Government Educational Institutions Tribunal, jaipur in Appl. No. 92/2000.
(2.) RESPONDENT-TEACHER filed application u/s 21 of the Rajasthan Non-Govt. Educational institutions Act, 1989 (Act, 1989) seeking grant of selection scale in terms of government Circular dt. 25/01/92, which was allowed. As regards entitlement of selection scale, the dispute has been finally resolved by Full Bench of this Court in S. R. Higher secondary School Vs. Rajasthan Non-Government educational Institutions Tribunal Jaipur (2002 (3) WLC 586) wherein it has also been observed that this being approved expenditure, the educational institutions are also entitled to claim grant-in-aid to the extent of approval. Judgment dt. 21/06/01 (Ann. 1) passed by the Tribunal since was not carried out by petitioner Institution, respondent employee was constrained to file application seeking execution whereof and the executing court has to examine the dues which the employee is entitled for. However, petitioner Institution has immediately on service of notice of execution application rushed to this Court and vide interim order dt. 29/04/09 proceedings pending before executing Court were stayed. Counsel for petitioner institution submits that the institution is 80% aided to which extent, institution is entitled to claim grant-in-aid from State Government in respect of claim allowed by learned Tribunal; in such circumstances, order of the Tribunal certainly requires interference but the institution can not pay whole of amount which the respondent employee is entitled for under judgment impugned dt. 21/06/01.
(3.) AS regards entitlement of grant of selection scale, it is not disputed but ultimately fact remains that the institution has not even made payment to respondent employee in terms of judgment of the Tribunal even after eight years. In such circumstances, this Court does not find merit in any of submissions made on behalf of petitioner institution. Even the executing court has failed to assess amount in regard to selection scale which respondent employee has become entitled for under judgment dt. 21/06/2001 (Ann. 1 ).;