SBCWP No.1597/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1597/2005. P.N. Gupta Vs. Regional Provident Fund Commissioner Jaipur & Ors. Date of order : February 27, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vikram Singh Rathore for the petitioner. Shri R.M. Jain for Shri Ashok Bhargava for respondents No.3 and 4. Shri Deepak Goyal for the respondents. **** BY THE COURT :- This writ petition has been filed with the prayer to direct the respondents to pay to him amount of provident fund as well as encashment of priviledge leave and gratuity apart from pension. 2) Respondents in reply to writ petition stated that amount of encashment of priviledge leave and gratuity has already been paid to the petitioner on 10/3/2005. Learned counsel for the respondents however submitted that in so far as the amount of provident fund is concerned, the Division Bench of this Court in Union of India & Ors. Digambar Jain Secondary School has held as under:- SBCWP No.1597/05. 2 "17. In this view of the matter, we are clearly of the opinion that the establishments belonging to or under the control of the State Government and their employees were entitled to the benefits of the contributory provident fund in accordance with the rules which were already there in Rajasthan for such benefits and therefore, there is no question of the applicability of the Central Act so far as such institutions are concenred. The learned Single Judge in the judgment has classified the educatinoal institutions in the State of Rajasthan in four categories as under:- (1) Those educational institutions, which are owned, controlled and managed by State Government, which are called Government educatinoal institutions, and where the services of employees are at par with State Government employees; (2) the second category of educational institutions in State of Rajasthan, are owned and controlled by State Government but managed by Universities, local authorities, or other authorities of the State; (3) the third category of educational institutions are those, which are recognized institutions, but are being managed by private managements, registered under the Registration of Societies Act and are called Non-Government Educational Institutions; and (4) there are fourth category of educational institutions, in State of Rajasthan, which are recognized by State Government, and are also on the list of Grant-in-Aid of State Government, but managed by private managements, registered under the Registration of Societies Act and are also called Non-Government Educational Institutions." 3) It is argued that the Central Act of 1952 is not applicable to their cases. View is thus fortified from the judgment of Apex Court in Regional Provident Fund Commissioner Vs. Sanatan Dharam Girls Secondary School & Ors. : (2007) 1 SCC (L&S) 167. SBCWP No.1597/05. 3 4) In view of above, first part of the prayer cannot be accepted as the same is decided against the petitioner by the Division Bench in the aforesaid judgment and so far as other two prayers are concerned, same stand already granted to the petitioner. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. anil