SBCWP456/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.456/1997 Kumari Kavita Dadhich Vs. The Rajasthan Non-Government Educational Institutions Tribunal, Jaipur and Others Date of Order ::: 16.02.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajendra Prasad, Counsel for petitioner Shri Vijay Singh, Counsel for respondents #### By the Court:- This writ petition was filed by petitioner in December, 1996. At that time there was no provision in the Rajasthan Non- Government Educational Institutions Act, 1989 for execution of orders passed by Tribunal constituted under that Act. Learned counsel for respondents has submitted that now petitioner can approach the concerned Civil Court as per the amended provisions of Section 27-A of the said Act, which has now been conferred with the power to execute and enforce the orders of the Tribunal. Dispute being that of payment of salary and other emoluments to petitioner for the period from 17.05.1994 till 29.01.1995, when SBCWP456/1997 // 2 // petitioner joined service of the Government, the petitioner is at liberty to approach Civil Court. It is made clear that this writ petition remained pending for consideration in this Court even prior to the time of insertion of Section 27-A by way of amendment in the said Act, as afore-noted, the execution application filed by the petitioner would not be liable to be rejected on the ground of delay or being time barred and would be decided on merits. However, to the extent the challenge made to the order dated 27.04.1996 (Annexure-12) is concerned, in view of reasoning given by the Tribunal that since the petitioner joined the Government service and, therefore, he cannot get the earlier order passed by the Tribunal enforced, cannot be sustained. It is therefore set-aside. The writ petition is disposed of accordingly. (Mohammad Rafiq) J. //Jaiman//