1 S.B. CIVIL WRIT PETITION NO.5927/2004 State of Rajasthan Vs. Laxman Das Mittal & Ors. DATE OF ORDER :: 21.3.2007 HON'BLE MR. GOVIND MATHUR, J. Mr. Shyam Ladrecha, Addl. Govt. Advocate. *** By this petition for writ a challenge is given to the order dated 25.1.2001 passed by the Rajasthan Non-Government Educational Institutions Tribunal in Application No. 185/99 titled as Laxman Das Vs. Secretary, Management Committee, Swami Keshvanand Mahavidyalaya, Gramothhan Vidyapeeth, Sangariya. By the order aforesaid learned Tribunal while accepting the application preferred by the employee ordered for payment of gratuity by making fixation in the pay scales prescribed by University Grants Commission. A writ petition bearing SBCW No.1185/2005 filed by the Secretary, Management Committee, Swami Keshvanand Mahavidyalaya, Gramothhan Vidyapeeth, Sangariya has already been dismissed by this Court vide order dated 30.8.2005 wherein challenge was given to the order pertaining to grant of gratuity. In this petition for writ challenge is given by the State Government to the order dated 25.1.2001 on the count that no direction could have been given for making fixation of the employee's pay in the pay scales prescribed by University Grants Commission. From perusal of the order impugned it reveals that the employee was holding the post of Library 2 Superintendent and the State Government under its order dated 1.4.1980 allowed pay scales of Rs.700-1600 to the persons holding the posts of Library Superintendent. The pay scale was again revised as of Rs.2200-4000 w.e.f. 1.1.1986 and that too was made applicable for Library Superintendents. The Government of Rajasthan by an order dated 9.11.1993 made it clear that the orders revising the pay scales pertaining to Library Superintendents shall also be applicable to the Institutions imparting education in the subject of Agriculture. On basis of the order dated 9.11.1993 learned Tribunal accepted the application preferred by an employee under Section 21 of the Rajasthan Non- Government Educational Institutions Act, 1989. There is nothing on record to show that the order of the State Government dated 9.11.1993 is not applicable for the Institutions/Colleges imparting education in the subject of Agriculture. It is pertinent to note that this Court in the case of M.D. Lohiya Vs. State of Rajasthan (SB Civil Writ Petition No.3260/2004) decided on 4.1.2007 has already taken a view that the Senior Technical Assistants working on the post equivalent to Library Superintendents are entitled for the pay scales prescribed by the University Grants Commission. I do not find any error in the order impugned that may warrant interference of this Court under Article 226 of the Constitution of India. Accordingly, this petition for writ is dismissed. (GOVIND MATHUR),J. 3 J.Goyal