1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B.CIVIL SPECIAL APPEAL(WRIT) No.425/2008 in S.B. CIVIL WRIT PETITION No.1167/2006 MANAGING COMMITTEE & Ors V/s THE RAJ. NON- GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL, JAIPUR & Ors. DATE OF JUDGMENT :: MARCH 11, 2008 PRESENT HON'BLE MR. JUSTICE NARAYAN ROY, C.J. HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Shri Babu Lal Gupta, for appellant. BY THE COURT : (ORAL) 1. Heard learned counsel for the appellant and perused the order impugned. 2. This special appeal has been filed against the impugned order dated 16.2.2006 whereby the writ petition of the appellant was dismissed. In the writ petition, the appellant challenged the order of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, dated 28.7.2005 directing them to make payment of gratuity with interest @ 9% per 2 annum. 3. Controversy raised in this special appeal is squarely covered by judgment of the Hon'ble Supreme Court in Rajasthan Welfare Society V/s State of Rajasthan (2005) 5 SCC 275) wherein even the employees working in the non-Government aided educational institutions were held entitled to payment or gratuity. It was held that since the rules do not provide for grant-in-aid on account of the gratuity to be part of approved expenditure, the educational institutions cannot claim proportionate aid against such payment from the Government. They have to themselves shoulder that responsibility. However, in para 17 of the judgment, the Hon'ble Supreme Court observed that if representations are made by aided non-government educational institutions, the same would be considered by the State Government sympathetically for the purpose of granting aid. 3 4. We, therefore, do not find any infirmity in the judgment passed by the learned Single Judge. At the same time, it is left open for the petitioner to make a representation to the State Government which would be considered by it in terms of the observations made in para 17 of the aforesaid judgment. 5. With these observations, this special appeal is dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),C.J. Chauhan/