JUDGMENT 1. . - Instant petition has been preferred under Article 226 of the Constitution of India praying interalia that the writ in a nature of mandamus be issued and the respondents be directed to pay outstanding amount of grant-in-aid to the petitioner/ School for making payment to the employees, who had approached District Education Officer, Elementary Education, Ajmer and the said Officer has directed the petitioner/School to pay Rs.9,15,385/- to respondent No.1, Rajeev Kumar, Exteacher of the petitioner/ School. 2. In the order dated 16.12.2014 (Annexure-5), District Education Officer, Elementary Education, Ajmer for making payment to respondent No1. Rajeev Kumar, Ex-Teacher, has given computation and, therefore, it will be apposite to reproduce here operative portion of the order dated 16.12.2014 (Annexure-5) passed by the District Education Officer, Elementary Education, Ajmer:- " tkWap ny ds izfrosnu dks n`f"Vxr j[krs gq, izkFkhZ rFkk vizkFkhZ nksuksa i{kksa dks izys[kh; lk{; izLrqr djus o lquokbZ ds ;qfDr;qDr volj iznku fd;s x;s muds i{kksa dks tkuus ds i'pkr~ esjk ;g lek/kku gks x;k gS fd izkFkhZ jktho dqekj dks vizkFkhZ la[;k izcU/ku cf/kj fo|ky; vtesj ls fuEu fooj.kkuqlkj jde lans; gS& " 1- xszT;qVh 426405@& 2- vuqi;ksftr mikftZr vodk'k dh udnhdj.k jkf'k 230353@& 3- ofj"B@p;fur osrueku ds ,fj,j jkf'k 20449@& 4- NBs osrueku dh ,fj;j jkf'k 238178@& 5- ;ksx :i;s ukS yk[k iUnzg gtkj rhu lkS fipk;lh ek= 915385@& 5- ;ksx jktLFkku xSj ljdkjh 'kSf{kd laLFkk vf/kfu;e 1989 dh /kkjk 32 dh mi/kkjk 1 ds rgr vizkFkhZ laLFkk lfpo cf/kj fo|ky; vtesj dks vkns'k iznku fd;k tkrk gS fd og izkFkhZ jktho dqekj dh cdk;k jde :i;s ukS yk[k iUnzg gtkj rhu lkS fipk;lh fuEu gLrk{kjdrkZ vf/kdkjh ds ikl bl vkns'k ds izkIr gksus ds ,d ekg dh vof/k esa tek djk;sa thojkt tkV ftyk f'k{kk vf/kdkjh izkjfEHkd f'k{kk] vtesj 3. Controversy raised in the present petition is not new to this Court. 4. On 22.09.2015 this Court had passed following order:- "Shri S.K. Gupta, learned AAG, has caused appearance on behalf of the respondent State. Counsel for the petitioners has submitted that the matter is squarely covered by the judgment rendered by a Division Bench of this Court in D.B. Civil Special Appeal (Writ) No.733/2014 and other connected appeals decided on 26.02.2015. Copy of the judgment dated 26.02.2015 has been handed over to Shri S.K. Gupta, learned AAG. Shri Gupta prays that the matter be adjourned to tomorrow. Copy of the judgment dated 26.02.2015 has been handed over to Shri S.K. Gupta, learned AAG. Shri Gupta prays that the matter be adjourned to tomorrow. List tomorrow, i.e. on 23.09.2015, along with connected cases." 5. Thereafter, on 23.09.2015, taking note of judgments relied and the contentions advanced, this Court had passed following order:- "Nobody is there to wipe the tears of deaf and dumb students of petitioner school, who are special children and require to be looked after by the society. It is a matter of anguish that in spite of order passed by the co-ordinate Bench on 4.9.2013 in S.B. Civil Writ Petition No. 5252/2012, the State has not disbursed the amount as per the commitment made. It is to be noted that regarding non-payment of gratuity to the employees of the state, the management filed an appeal. In the said appeal, the order dated 26.2.2015 passed by the coordinate Bench has been upheld. The case of the petitioners is squarely covered by the judgment dated 4.9.2013 (Annexure- 3) rendered by the co-ordinate Bench vide S.B. Civil Writ Petition No. 5252/2012. Furthermore, Division Bench had issued directions that the orders passed by the learned Single Judge be complied with within a period of two months. Mr. S.K. Gupta, the learned Addl. Advocate General appearing for the State has submitted that the State is intending to file Special Leave Petition against the judgment of Division Bench. The contention raised by Mr. Gupta, AAG cannot be appreciated as the State of Rajasthan had not gone in appeal against the decision of the learned Single Judge. Teachers in the school of deaf and dumb, have taken management to task for non-payment of their dues. Notices have been issued for the attachment of the institute. The State of Rajasthan to conserve its resources, management, to pass its liability and the teacher to recover their dues, all have left deaf and dumb children at the mercy of none. Neither the sensitivity nor the compassion on the part of the State and management is discernible. Whether, in these circumstances, the court can be mute spectator and permit the State to run away from its commitment, is the issue before this Court. Hence, without standing on the technicalities and the nitty gritty here and there, long adjournment as prayed for in the present case cannot be granted to the State. Whether, in these circumstances, the court can be mute spectator and permit the State to run away from its commitment, is the issue before this Court. Hence, without standing on the technicalities and the nitty gritty here and there, long adjournment as prayed for in the present case cannot be granted to the State. List this case along with the connected mattes on 28.9.2015. A copy of this order under the seal and signature of the Court Master be handed over to Mr. S.K. Gupta, AAG, for onward transmission and compliance." 6. Mr. S.K. Gupta, the learned Additional Advocate General appearing for the respondents, has submitted that he has obtained instructions from the State Government and it has been decided that in consonance with the directions issued in earlier round of litigation between the parties, qua the same issue, the State Government shall pay arrears of selection grade and arrears of 6th Pay Commission to respondent No1. Rajeev Kumar. Ex-Teacher of the petitioners/School directly in the Court of Sub Divisional Officer, Ajmer (Executing Court). Learned A.A.G., further submitted that as per judgment rendered by the learned Single Judge of this Court, which was affirmed in D.B. Civil Special Appeal (Writ) No.733/2014, D.B. Civil Special Appeal (Writ) No.1422/2013 and D.B. Civil Writ Petition No.17136/2013, gratuity to the employees of the State is to be paid by the Managing Committee. 7. Learned Additional Advocate General appearing for the respondents has further contended that so far as leave encashment payable to Rajeev Kumar, Ex-Teacher is concerned, same shall be paid to the employee directly in the Executing Court only in case, he has retired from the service. It is submitted that leave encashment is payable to the employee only when he retires that too, at eve of retirement. 8. Therefore, offer made by Mr. S.K. Gupta, the learned Additional Advocate General appearing for the respondents, appears to be just and reasonable. 9. It is to be noted here that previously also, qua similar dispute between the employees and the Managing Committee, learned Single Judge, while deciding S.B. Civil Writ Petition No.5852/2012, titled as Managing Committee, Badhir Vidhyalaya, Vaishali Nagar, Ajmer v. Commissioner, Elementary Education and another, on 04.09.2013 , had given following directions:- "In view of above, I find that liability to pay gratuity remains on the institution till its seeks exemption from the application of rules or from payment of gratuity. The institution can however make a representation for payment of gratuity to be approved expenditure to extend benefit of grant-in-aid, in the light of the observations made by the Apex Court in the case of Rajasthan Welfare Society (supra). In those circumstances, respondent-government is directed to consider it sympathetically taking note of the fact that the petitioner institution is doing pious duty of imparting education to disabled and mentally challenged children and not charging fee therefor. So far as other benefits extended by the tribunal is concerned, no doubt, initial liability remains on the institution to pay it to the employee and then to get reimbursement of the amount from the Government but that situation remains with the institution receiving grant-in-aid up-to 90% as they are required to bear part of the benefit thus needs to first pay the amount and then to seek reimbursement but, in this case, it would be nothing but multiplicity of action which may otherwise delay extension of benefit to the employee. In view of above, it becomes an exceptional case of its nature. The State Government is accordingly directed to pay other benefits directly to the employee to the extent of approved expenditure, however, it should be based on the calculation to be furnished by the institution and subject to scrutiny by the State Government. In doing so, multiplicity of the actions would be avoided for a case where institution is receiving 100% grant-in-aid. In view above, this writ petition is disposed of with the directions given above without causing interference in the impugned order of the tribunal. " 10. It is pertinent to note here that aggrieved against the decision of the learned Single Judge, Managing Committee had preferred two appeals i.e. D.B. Civil Special Appeal (Writ) No.733/2013 and D.B. Civil Special Appeal (Writ) No.17136/2013. 11. The above said appeals were decided on 26.02.2015 and the order passed by the learned Single Judge was upheld and it was acknowledged that the gratuity is to be paid by the Managing Committee. 12. In view of statement made by Mr. S. K. Gupta, the learned Additional Advocate General appearing for the respondents, which has been noted herein above, the present writ petition is, hereby, disposed of by issuing following directions:- A. That the gratuity to respondent No.1 Mr. Rajveev Kumar. Ex-Teacher of the petitioner/School shall be paid by the Managing Committee of Badhir Vidhalaya. S. K. Gupta, the learned Additional Advocate General appearing for the respondents, which has been noted herein above, the present writ petition is, hereby, disposed of by issuing following directions:- A. That the gratuity to respondent No.1 Mr. Rajveev Kumar. Ex-Teacher of the petitioner/School shall be paid by the Managing Committee of Badhir Vidhalaya. The arrears of selection grade and arrears of 6th Pay Commission shall be paid by the State Government to the employee before the Executing Court i.e. Sub Divisional Officer, Ajmer. B. That the amount paid by the State Government to the employees shall be deducted from the outstanding grant-in-aid amount due to the management. C. That the leave encashment will be paid by the State Government to only those employees, who have retired and in case, employees have left services of the management, no leave encashment shall be paid and, qua this entitlement employees will be at liberty to agitate their claim in accordance with the provisions of law. D. That the amount shall be paid by the State Government in the Executing Court within a period of four months from today. The amount shall be paid in the form of cheque and shall be presented before the Executing Court on 06.01.2016. On that day, employee shall remain present in person before the Executing Court and the amount shall be disbursed to the employee. E. That the Executing Court shall keep execution proceedings in abeyance till 06.01.2016. F. That the amount of gratuity shall be paid by the Managing Committee also on 06.01.2016." 13. A liberty is granted to the Management to file a representation before the State Government for payment of remaining arrears of grant-in-aid, after the amount paid by the State Government to the employees is deducted from the outstanding arrears. The representation already preferred by the petitioner and pending before the State Government regarding payment of arrears of grant-in-aid shall be decided by the respondents as expeditiously as possible, in terms of directions issued by the Coordinate Bench on 04.09.2013 in S.B. Civil Writ Petition No.5852/2012, between the same parties. 14. With the aforesaid directions issued above, the present writ petition stands disposed of. 15. Upon disposal of main petition, stay application, filed therewith does not survive, same is also disposed of.Writ Petition Disposed of as above. *******