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2015 DIGILAW 637 (RAJ)

Krishna Jain v. C. S. Rajan, IAS

2015-03-17

PRAKASH GUPTA, SUNIL AMBWANI

body2015
Judgment 1. We have heared Shri Sarthak Rastogi, learned counsel appearing for the petitioners and Shri Inderjeet Singh, learned AAG appearing for the State-respondents. 2. In D.B. Civil Writ Petition No.829/2012 [Arti Mathur vs. State of Rajasthan] and other connected petitions, a Division Bench of this Court heard and decided the matter on 16.04.2013, with following directions: “However, the action of the Government in withdrawing the grant, so far as it relates to the posts in which the teaching and non-teaching staff of the Non-Government aided educational institutions are still continuing, is adjudged to be illegal and ultravires of the Act, 1989. The impugned communications dt. 13.12.2011, 27.12.2011, 28.12.2011, 29.12.2011 and those of the institutions dt.3.1.2012 and 4.1.2012, stand interfered with to this extent. The State respondents are hereby directed to undertake an exercise in association with the management of the concerned non-Government Educational Institutions hitherto receiving the grant under the Act, 1989 to work out the category and extent of grant in aid, as would be essential to secure the service conditions of such existing teaching and non-teaching staff as contemplated by the enactment and release the same. It is made clear that this direction would be strictly confined to the existing teaching and non-teaching staff of such institutions as on date and the benefit thereof would not be extended to those, who have meanwhile opted for the Government service under the Rules, 2010 and also to the posts so abandoned, and to which, if in the meantime, any induction has been made on the terms and conditions ascribed by the management of the concerned institutions. The petitions are allowed only to the extent indicated hereinabove. All other pleas are answered accordingly.” 3. These contempt petitions have been filed alleging that the judgment dated 16.04.2013 has not been complied with, inasmuch as, despite the judgment, the State-respondents did not undertake the exercise in association with the management of the concerned non-Government Educational Institutions receiving the grant to work out the category and extent of grant, as would be essential to secure the service conditions of such existing teaching and non-teaching staff as contemplated by the enactment and release the same. 4. Learned AAG appearing for the State-respondents submits that the administrative and financial sanction has been given in compliance with the judgment of this Court dated 16.04.2013, and the concerned institutions have been informed. 4. Learned AAG appearing for the State-respondents submits that the administrative and financial sanction has been given in compliance with the judgment of this Court dated 16.04.2013, and the concerned institutions have been informed. The institutions, however, in accordance with the provisions of the Act, have to first pay the salary, allowance and other dues, and thereafter raise a bill to claim the amount from the State Government. Yesterday, when the matter was taken up, the orders of the Additional Director, Secondary Education of the Rajasthan, Bikaner dated 13.03.2015, were placed on record, stating that in compliance with the order dated 16.04.2013, against which a Special Leave Petition has been filed, directions have been issued to the concerned institutions, receiving grant in aid, to first pay the salary, allowance and other dues to the employees, and thereafter submit their claims for the share of the educational institutions to the Secondary Education. In paragraph 2 of the letter dated 13.03.2015, it is stated that these orders have been issued in pursuance to the sanction of the finance department dated 13.03.2015. 5. Learned counsel appearing for the petitioners states that the management of the private institutions, receiving grant in aid, in which the petitioners are working, do not have the means to pay the salary, which is now due to the petitioners. The petitioners have not been paid since 16.02.2012, and thus despite the financial and administrative sanction, since the schools are unable to pay the amount of salary, allowances and other dues, the insistence that the amount should be first pay and thereafter claim, in accordance with the provisions of the Act, may not be possible. The dead-lock has resulted into nonpayment of salaries to the petitioners for last three years. Their families are suffering extreme hardships for non-payment of the salary, allowances and other dues, for such a long time, whereas the petitioners are working and discharge their duties. 6. Learned AAG states that in accordance with the Scheme of the Act, the salary has to be first paid by the managements before claiming the share of the State Government in the grant in aid from the State-departments. 6. Learned AAG states that in accordance with the Scheme of the Act, the salary has to be first paid by the managements before claiming the share of the State Government in the grant in aid from the State-departments. The financial and administrative sanction has been obtained, and that as soon as the bills after the payment of the amount are received, the concerned department will release the amount in favour of the educational institutions to be paid to the petitioners by cheques. 7. In the present case, the normal rule of paying the amount of salary first, and thereafter claim for reimbursement, will result into extreme hardships to the petitioners. Since the salaries have not been paid for the last three years, and that the judgment dated 16.04.2013, has to be complied with, we find it expedient to make an exception to issue directions that as soon as the educational institutions raise bills, and make a demand for payment of the Government share towards the grant in aid, the State Government shall without insisting upon making the payments to the petitioners before raising their claim, will make the payments within a period of fifteen days, on an undertaking to be furnished by the educational institutions that they will pay the arrears of salaries and allowances to the teachers by cheques, within next fifteen days. 8. Considering the fact that the large amounts are due as arrears of salaries, which the management is unable to pay, the amounts will be paid without insisting upon the payment of reimbursement. It is made again clear that this order has been passed by way of an exception, considering the inability of the educational institutions to pay the amount to the teachers before claiming reimbursement. 9. With the aforesaid directions, the contempt petitions are disposed of. A liberty is given to the petitioners to make an application, in case the order passed today, has not been complied with. 10. A copy of this order will be placed in all connected files.