IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1343/99 Kashinath Pandey vs. The Rajasthan Non- Government Educational Institutions Tribunal & Ors. Date of order : 24/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.S. Hada for Shri C.L. Saini for the petitioner. Shri Rakesh Sharma for the respondent. ****** The petitioner has challenged the order of the Rajasthan Non-Government Education Tribunal dated 3.12.1997. The petitioner was appointed on the post of Teacher with the management of Hanuman Girls Senior Higher Secondary School, Ratangarh on 30.6.1991. The petitioner filed application before the Tribunal for claiming the payment of gratuity. The Tribunal rejected on the application on the ground that the Rajasthan Non-Government Educational Institutions Act of 1989 came into force on 1.1.1993. Controversy raised in this writ petition is squarely covered by judgement of this Court in Professor Jeewan Lal Mathur vs. State of Rajasthan & Ors.-2007 (2) WLC (Raj.) 354 wherein dealing with a similar issue, it was held that such of the employees who retired prior to the enforcement of the aforesaid Rule would not be entitled for gratuity or leave encashment when the Act is not in force while they remained in service. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/