SBCWP NO.442/04. 1 S.B. CIVIL WRIT PETITION NO.442/2004. Managing Committee Shri Sumati Shiksha Sadan Sr.Secondary School Vs. Shri Bhanwar Lal Accha and others Date of Order : 19/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dhanesh Sharma for the petitioner. Shri S.S. Sharma, Government Counsel for State. Shri K.R. Sharma for the respondents. **** The controversy raised in this writ petition is squarely covered by the judgment of Supreme Court in Rajasthan Welfare Society Vs. State of Rajasthan : 2005(5) SCC 275. The petitioner i.e. Managing Committee Shri Sumati Shiksha Sadan Sr.Secondary School, Ranawas, District Pali, challenged the judgment of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur dated 27/9/2003 whereby application of respondent No.1 was allowed and the petitioner was directed to pay to him gratuity with interest @ 9% p.a. Supreme Court in the aforesaid case held that the amount of gratuity payable to an employee of an aided recognised non-government educational institutions according to Rule 82 of the Rules 1993, cannot be treated as part of the actual salary and therefore it cannot form part of recurring grant. This will however not affect the rights of the petitioner to get the gratuity from the institution concerned. SBCWP NO.442/04. 2 2) In para 17 of the judgment however, Supreme Court observed that if any representations are made by the aided non-government educational institutions, the State Government would consider sympathetically the question of gratuity amount payable to the employee being taken into consideration for grant-in-aid. The writ petition is accordingly dismissed with liberty to the petitioner to make representation to the State Government in the light of observations made by the Supreme Court in para 17 of the aforesaid judgment. (MOHAMMAD RAFIQ), J. anil/- SBCWP NO.442/04. 3 S.B. CIVIL MISC.STAY APPLICATION 8595/2004. In S.B. CIVIL WRIT PETITION NO.4186/2004. Satish Chand Goyal Vs. State of Rajasthan and another Date of Order : 22/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri J.M. Saxena for the applicant-petitioner. Shri S.N. Kumawat and Shri Dharmendra Pareek for the respondents. **** Consequent upon dismissal of the writ petition as having become infructuous, the instant stay application does not survive. Stay application is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil/- SBCWP NO.442/04. 4 S.B. CIVIL MISC.STAY APPLICATION NO.412/2004. IN S.B. CIVIL WRIT PETITION NO.442/2004. Managing Committee Shri Sumati Shiksha Sadan Sr.Secondary School Vs. Shri Bhanwar Lal Accha and others Date of Order : 19/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dhanesh Sharma for the applicant-petitioner. Shri S.S. Sharma, Government Counsel for State. Shri K.R. Sharma for the respondents. **** Consequent upon dismissal of the writ petition, the stay application stands rejected. (MOHAMMAD RAFIQ), J. anil/-