- (1.) All these matters have come up before the division bench on a reference made by learned Single Judge vide order dated 01.08.2018 in a batch of writ petitions, which were filed by the Managing Committee, Baijnath Shriram Saboo Shishu Mandir Society, Pilani, challenging identical orders dated 05.04.2018 and 20.02.2018, passed by the Civil Judge, Pilani, District Jhunjhunu in different execution proceedings initiated by respondents. Petitioners are the Managing Committees of private aided educational institutions, which for the relevant period of time was receiving grant-in-aid to the extent of 80% from the State Government. Facts of the case are that the respondents approached the Rajasthan Non-Government Educational Institutions Tribunal, Rajasthan, Jaipur, (for short, 'the 'Tribunal') by filing applications under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short, 'the Act of 1989'), claiming benefit of selection scales on completion of 9, 18 and 27 years of service, encashment of privilege leaves, gratuity and revised pay scales at par with the government teachers, as per the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 and further pay scale revised from time to time. The Tribunal by common judgment dated 09.03.2016 partly allowed the aforesaid applications directing the petitioner to pay to the respondents the amount of encashment of leaves credited in their account and amount of gratuity and the benefit of senior and selection scales as per the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 as also the benefit of the Rules of 2008. The arrears of Dearness Allowances, if any due, was also ordered to be paid. That apart, the benefit of selection scales as per the Order dated 25.01.1992 of the State Government was also ordered to be given after making pay fixation as per the Rules. They were also held entitled to interest at the rate of 6% per annum on the entire due amount from the due date till its actual payment. It was also directed that if any amount has already been paid then that should be adjusted towards the payable amount. The Director/Commissioner, Secondary/Elementary Education, Rajasthan, Bikaner, was directed to ensure compliance of the aforesaid directions from the petitioners.
(2.) When the directions contained in judgment were not complied with, the respondents filed execution petitions in the court of Civil Judge (Junior Division), Pilani, on 07.04.2016 as per the provisions of Section 27A of the Act of 1989. Upon properties of the petitioners being attached in the execution of the aforesaid judgment, the petitioners filed S.B. Civil Writ Petition No.21323/2017 before this Court, which however was allowed to be withdrawn vide order dated 24.11.2017 with liberty to file the objection under Order XXI Rule 54(1-A) of the Code of Civil Procedure (for short, 'the CPC'). The Executing Court vide order dated 20.02.2018 passed an order directing auction of the properties in question for execution of the decree. The petitioners filed an application under Order XXI Rule 54(1-A) of the CPC, as per the liberty granted by this Court in the aforesaid order. The petitioners also filed a further application under Order XXI Rule 66 of the CPC for deciding certain objections before auction and sale of their property. The Executing Court vide common order dated 05.04.2018 dismissed both the applications. In this background, the petitioners have approached this Court by filing these writ petitions.
(3.) The case of the petitioner-institution before the learned Single Judge was that since it was entitled to receive grant-in-aid to the extent of 80% of the approved expenditure as sanctioned by the State Government under the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid and Service Conditions etc.) Rules, 1993 (for short, 'the Rules of 1993'), the liability under the judgment of the Tribunal was not of the petitioners alone but was also that of the State Government to the extent of grant-in-aid, as held by the Division Bench of this Court in State of Rajasthan and Another Vs. The Management Committee Sh. Bhagwan Das Todi College - 2016 (2) WLC (Raj.) 1. The petitioners would have no objection to the auction of their land attached to the recovery of the amount up to 20% of the dues payable to the respondent, however, payment of remainder 80% amount of the sanctioned grant-in-aid is liable to be paid by the State Government. Reliance in this connection is placed on earlier judgment passed by the learned Single Judge dated 08.02.2017 in a bunch of writ petitions, leading one being S.B. Civil Writ Petition No.8228/2013 - Management Committee of Shri Swetamber Jain Secondary School through its Secretary, Ghee Walon-ka-Rasta, Jaipur. The case of the State Government before the learned Single Judge was that the Division Bench of this Court in the Management Committee Sh. Bhagwan Das Todi College, supra, did not deal with the situation where the employees of a non- governmental aided school/college entitled to sanctioned grant-in- aid could be denied the fruits of a judgment/decree of the Education Tribunal despite its finality. It was submitted that in the course of the execution of the decree of the Tribunal, matters extraneous to the Education Tribunal's judgment, which would even include judgment(s) of this Court in unrelated proceedings where the decree holder was not a party, cannot be considered. Such consideration would entail modifying a final judgment/decree of the Education Tribunal and such a situation would lead to chaos in the administration of justice. 3. The learned Single Judge was persuaded to uphold the contention of the State that the Division Bench judgment in the Management Committee Sh. Bhagwan Das Todi College, supra, did not deal with the situations of finality of judgments of Education Tribunal and execution thereof as decree statutorily provided for and the effect of that division bench judgment thereon. The learned Single Judge was of the view that whether the aforesaid DB judgment can have relevance to the execution of the final decree of the Tribunal in a wholly unrelated case. The learned Single Judge therefore passed the following order making reference to the larger bench on following three questions:- "In this view of the matter, I would be inclined to doubt the correctness of the judgment of this court itself in the case of Management Committee of Shri Swetamber Jain Secondary School Versus State of Rajasthan--as legal aspects brought forth by Mr. S.K. Gupta AAG were neither agitated nor considered therein. I would therefore refer to a larger Bench of this court the following question for its determination:- (I) whether following the decree of the Education Tribunal, in the course of execution proceedings, its finality and executibility can be collaterally put to question on the basis of the judgment of this court in the case of State of Rajasthan and Another Versus The Management Committee Sh. Bhagwan Das Todi College (supra) where the concerned decree holder was not a party? (II) whether the final decree of the Education Tribunal founded on its judgment only against the non- government aided institution could also be executed against the State Government to the extent of its grant in aid sanctioned to the concerned institution even though the State Government was not party before the Education Tribunal? (III) whether recovery through the executing court only to the extent of the Non-Government Educational Institutions share of the salary paid on the sanctioned post to an employee would be satisfaction of the decree of the Education Tribunal for whole of the salary/arrears/retiral benefits and interest due thereon to an employee/decree holder. Let this matter be placed before the Hon'ble Chief Justice for constitution of an appropriate Bench." The Registrar (Judicial) of this Court by order dated 11.03.2019 was directed to get a notice published three days in advance in the cause-list for information of the learned Members of the Bar, whoever wanted to address the Court on the aforementioned questions. Apart from Mr. D.S. Poonia, the learned counsel for the petitioner, Mr. N.K. Maloo, learned Senior Counsel, Mr. D.S. Poonia and for Mr. Vivek Dangi, learned counsel, have made their submissions as interveners.;