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2017 DIGILAW 469 (RAJ)

Managing Committee, Shri Balika Uchch Prathmik Vidyalaya v. Sharda Rajpoot

2017-02-09

AJAY RASTOGI

body2017
ORDER : Ajay Rastogi, J. 1. The Management of the Non-Government Educational Aided Institution who as alleged is receiving 90% grant-in-aid from the State Government has approached to this Court by filing instant batch of writ petitions assailing order of the Non-Government Educational Institutions Tribunal disposing of batch of applications filed by the individual employee u/S. 21 of the Act, 1989 by common order dt. 21-3-2016. 2. The learned Tribunal while disposing of the batch of applications vide its consolidated order dt. 21-3-2016 observed as under:- ^^vkosnu Lohdkj dj vkns'k fn;k tkrk gS fd izkFkhZx.k vizkFkhZ la[;k 01 ls jkT; deZpkfj;ksa ds leku fu;ekuqlkj ns; jktLFkku flfoy lfoZlst fjokbZt is Ldsy :Yl] 1998 ¼ikapos osru vk;ksx½ o :Yl] 2008 ¼NBs osru vk;ksx½ ds vuqlkj osru fLFkjhdj.k ds mijkar osru ds varj dh jkf'k udn izkIr djsaxsA izkFkhZx.k jkT; ljdkj ds vkns'k fnukad 25-01-1992 ds vuqlkj 09] 18 o 27 o"kZ dh lsok;s iw.kZ djus ij p;fur osrueku dk ykHk jkT; dfeZ;ksa ds leku fuEukuqlkj ns; gksus ij izkIr djus ds vf/kdkjh gSA mijksDr osru fLFkjhdj.k ds mijkar izkFkhZx.k jkT; deZpkfj;ksa ds leku le;≤ ij c<s gq, xr 10 o"kksZ ds egaxkbZ HkRrs ds ,fj;j dh vUrj jkf'k ,oa fu;ekuqlkj ns; vfare osru ds vk/kkj ij og minku dh jkf'k Hkh izkIr djus ds vf/kdkjh gksaxsA izkFkhZx.k vius vodk'k [kkrs esa jkT; ljdkj esa fu;qDr dh fnukad 30-06-2011 dks cdk;k mikftZr vodk'k ds udnhdj.k dk ykHk Hkh vizkFkhZ la[;k 01 ls izkIr djssaxsA vizkFkhZ la[;k 01 laLFkk }kjk izkFkhx.k dks mDr lHkh ykHk fuEukuqlkj iznku fd;s tk;sA izkFkhZx.k dks lEiw.kZ jkf'k ij cdk;k gksus dh fnukad ls Hkqxrku fd;s tkus dh fnukad rd 06 izfr'kr okf"kd C;kt dh nj ls ns; C;kt lfgr jkf'k vizkFkhZ la[;k 01 vnk djus ds nkf;Rok/khu ik;s tkrs gSA mijksDr vuqrks"kks ds lEcU/k esa vizkFkhZ la[;k 01 us ;fn dksbZ Hkqxrku izkFkhZx.k dks dj fn;k gks rks og lek;kstu fd;s tkus ;ksX; jgsxkA vizkFkhZ la[;k 02 dks funsZ'k fn;s tkrs gS os mijksDr fu.kZ; dh ikyuk vizkFkhZ la[;k 01 ls djk;k tkuk lqfuf'pr djsA foi{khx.k ekuuh; mPp U;k;ky; }kjk Mh-ch- flfoy Lis'ky vihy ¼fjV½ la-663@2015 jkt- jkT; o vU; cuke izcU/k lfefr] Jh Hkxoku nkl rksnh dkWyst tfj;s lfpo] y{e.kx<+ ftyk lhdj esa ikfjr fu.kZ; fnukad 06-11-2015 esa fn;s x;s funsZ'kks dh ikyuk lqfuf'pr djsA^^ 3. As regards entitlement of the individual employee towards his legitimate dues under different heads which has been directed by the Tribunal to be payable to the employee is not in dispute and the only submission made by counsel for petitioner is that since the Institution is receiving 90% grant-in-aid from the State Government and this Court while disposing of D.B. Special Appeals (Writ) No. 663/2015 & other connected appeals vide judgment dt. 6-11-2015, has laid down a mechanism in making payment to the employee which has been noticed by the Tribunal against the approved expenditure, has to be paid directly by the State Government to the extent the Institution is receiving grant-in-aid from the Government and as regards balance is concerned the Institution is ready to pay its contribution directly to the employee. 4. Counsel for petitioner submits that the Institution has sent the due drawn statement of the individual employee to the State Government but it has not been responded so far and that is the only troubling factor for which the Institution who is willing to make the payment but is not in a position to comply order of the Tribunal impugned dt. 21-3-2016. 5. After taking note of the grievance raised by the petitioner at least this Court finds no manifest error being committed by the Ld. Tribunal in passing the order impugned and as regards the modalities of the payments are concerned the Ld. Tribunal was also conscious and has made a reference of the judgment of this Court dt. 6-11-2015 with direction to ensure its compliance and as informed to this Court the due drawn statement of the present employees if has been sent to the Government, the concerned authorities are expected to do the needful in terms of judgment of the Division Bench of this Court dt. 6-11-2015. 6. At the same time it may be further noticed that the applications were filed by the employees way back in 2012 and after common order has been passed by the Tribunal on their applications the Institution is still harping upon that the Government is not releasing funds towards grant-in-aid but the fact is that their own contribution towards the dues for which the Government has no role to play has not been paid to the employee so far. 7. 7. After hearing counsel for the parties and taking note of the view earlier expressed by me dismissing CWP-1556/2017 (Management Committee, S.S. Jain Subodh Shiksha Samiti Through Its Secretary Vs. Om Prakash Verma & Anr.) vide order dt. 7-2-2017, I find no manifest error being committed by the Ld. Tribunal in passing the order which is impugned in the instant proceedings dt. 21-3-2016. 8. Consequently, the writ petitions are dismissed. However, the petitioner is at liberty to get the dues claimed from the State Government towards its share in terms of the judgment of this Court of which reference has been made dt. 6-11-2015. Copy of the order be separately placed in each file.