CW9242/2007 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9242/2007 Managing Committee, Sewa Sadan, Vinay Mandir Secondary School Bhilwara through its Secretary Vs. Smt. Rukmani Mangal Wife of Shri Sohan Lal Mangal and Others Date of Order ::: 26.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Prahlad Singh, Counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondent State #### By the Court:- Petitioner has filed this writ petition challenging judgment dated 16.03.2007 of Rajasthan Non-Government Educational Institutions Tribunal Jaipur passed in appeal filed by respondent no.1 Smt. Rukmani Mangal, whereby she was held entitled to grant of selection scale, earned leave encashment and gratuity in terms of government circular dated 25.01.1992. So far as selection scale, earned leave encashment and gratuity is concerned, which has been ordered to be paid to retired employee i.e. respondent no.1, a larger bench of this court in S.R. Higher Secondary School Vs. Rajasthan Non- Government Educational Institutions Tribunal CW9242/2007 // 2 // Jaipur and Others – RLW 2003 (1) Raj. 530, has categorically held that government is liable to pay to non-government educational institutions proportionate grant-in-aid towards payment of selection scale regarding gratuity. Supreme Court in Rajasthan Welfare Society Vs. State of Rajasthan – (2005) 5 SCC 275, has held that aided non-government educational institution concerned shall be free to make a representation to government and in case of filing of such representations by such institution, the State Government would consider sympathetically question of gratuity amount payable to employees being taken into consideration for purpose of computing amount of grant-in-aid. It is contended by learned counsel for petitioner that petitioner may not be saddled with such liability of payment. Petitioner although may be required to make such payment to retired employee, but if she was working on a post against which grant-in-aid was being received, government is liable to pay proportionate amount to such institution. It is not in dispute that respondent no.1 Smt. Rukmani Mangal was working on a post against which grant-in-aid was received and petitioner is receiving grant-in- aid to extent of 90%. Learned Deputy Government Counsel CW9242/2007 // 3 // appearing on behalf of respondent State, has opposed writ petition and submitted that as far as gratuity is concerned, Supreme Court in Rajasthan Welfare Society's case (supra) merely directed that educational institution would be free to make representation and government would consider the same sympathetically. Having regard to facts of present case and submissions of counsel for parties, this writ petition is disposed of requiring petitioner to make a representation to government for making payment of selection scale in terms of larger bench decision of this court in S.R. Hr. Sec. School (supra), wherein this court has categorically held that government would be under an obligation to pay grant-in-aid towards payment of selection scale to retired employee of such institution which shall form part of salary as defined in 2(r) of Rajasthan Non-Government Education Institutions (Recognition, Grant in Aid and Service Conditions etc.) Rules, 1993. So far gratuity is concerned, Supreme Court in Para 17 of judgment in Rajasthan Welfare Society (supra), held as under:- “17. Before parting, we wish to note that if representations are made by aided non-government educational institutions, the State Government would consider sympathetically the question of CW9242/2007 // 4 // the gratuity amount payable to the employees being taken into consideration for the purpose of computing the amount of grant-in-aid. We, however, clarify that pending making of such representation and its consideration, the payment of gratuity to the employees shall not be delayed.” In view of above, petitioner is directed to make representation to government. In case such representation is made, same shall be decided within a period of three months from the date of its making. (Mohammad Rafiq) J. //Jaiman//