SBCWP No.6573/99. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6573/1999. The Managing Committee of the Chirawa Senior Secondary School & Anr. Vs. State of Rajasthan & Ors. Date of Order:- December 2, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri S.D. Khaspuria, Additional Government Counsel for respondents ******* BY THE COURT:- This writ petition has been filed by petitioners with prayer that in so far as selection scale and gratuity is concerned, which has been ordered to be paid to one retired employee, a larger bench of this court in S.R. Higher Secondary School Vs. Rajasthan Non-Government Educational Institutions Tribunal 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 SBCWP No.6573/99. 2 Government would consider sympathetically question of gratuity amount payable to employees being taken into consideration for purpose of computing amount of grant- in-aid. Petitioners may not be saddled with such liability of payment. Petitioners although may be required to make such payment to retired teacher but if they were working on a post against which grant-in-aid was being received, government is liable to pay proportionate amount to such institution. Shri S.D. Khaspuria, learned Additional Government Counsel 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 respective parties, this writ petition is disposed of requiring petitioners 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 the Rajasthan Non-Government Education Institutions (Recognition, Grant in Aid and Service Conditions etc.) Rules, 1993. So far as gratuity is SBCWP No.6573/99. 3 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 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, petitioners are 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. With the above direction, the writ petition stands disposed of. A copy of this order be endorsed to the petitioner for information. (MOHAMMAD RAFIQ) J. anil