1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.5160/2006 (Bhopalwala Arya Higher Secondary School Vs. Mr. Nand Lal Saraswat & Ors.) Date of order : 27.8.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. V.K. Aggarwal, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Counsel. Mr. P.S. Chundawat, for the respondents. Heard learned counsel for the parties. In this case, the petitioner institution is challenging the judgment dated 17.7.2006 passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur whereby the termination of the respondent No.1 was held to be bad and in contravention of the provisions of Rajasthan Non- Government Educational Institutions Act, 1989. The learned Tribunal has come to the conclusion that services of the respondent No.1 were terminated without obtaining permission from the State Government which is condition precedent for terminating the 2 services of a temporary employee. I have perused the impugned judgment. In my opinion, the said judgment does not require any interference by this Court because learned Tribunal after considering the relevant provisions of law has passed the judgment. Learned counsel for the petitioner submits that from the date of termination till today, the petitioner was not reinstated, therefore, back wages awarded by learned Tribunal may kindly be set aside. In my opinion, the petitioner is an added institution and the respondent No.1 was not appointed on a sanctioned post, therefore, in the interest of financial condition of the petitioner institution, I deem it just and proper to modify the judgment of learned Tribunal to the extent of payment of back wages to the respondent No.1 and it is ordered that in the event of reinstatement of respondent No.1 in pursuance of the said judgment, the respondent No.1 shall be entitled for half of the back wages. It is also made clear that the petitioner institution is at liberty to terminate the services of the petitioner after obtaining the permission from the State Government and after following the Rules. Further, it is also required to be observed that the petitioner institution shall comply with the directions issued by 3 learned Tribunal within a period of one month from today. With the aforesaid observation, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun