CW 6303/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6303/2008 Managing Committee Shri Digamber Jain Sr.Secondary School Versus Prashuram Gupta & Ors. Date of Order ::: 27/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Gaurav Jain, for petitioner Institution Mr. SC Gupta for respondent-Teacher Mr. Ganesh Meena, Govt. Counsel for respondent-2 Instant petition has been filed assailing order dt.29/05/2008 passed by Civil Judge (Jr.Dn.) in application No.18/2007 pending for execution of order dt.03/05/2002 passed by Rajasthan Non-Govt. Educational Institutions Tribunal, Jaipur in Appl.No. 75/2000 filed U/s 21 of Rajasthan Non-Govt. Education Institutions Act, 1989 seeking grant of selection scale in terms of Govt. circular dt.25/01/1992 which was allowed. Counsel for respondent-Teacher submits that the issue raised in instant petition has been examined by this Court vide judgment dt.02/09/2009 in Managing Committee Shri Digamber Jain Sr., Secondary School, Sikar Vs. Smt. Alka Jain & others (CWP-5174/2009) – operative part whereof runs ad infra: “Consequently, writ petition fails and is hereby dismissed. However, after payment of amount to the respondent employee which she became entitled for under judgment (Ann.1), CW 6303/08 //2// petitioner will be at liberty to make representation for release of grant- in-aid to the extent it is approved and if made, the State Government may objectively consider the same. NO order as to costs.” This Court has also observed ad infra: “As regards entitlement of selection scale, the dispute has been finally resolved by Full Bench of this Court in S.R. Higher Secondary School Vs. Rajasthan Non-Government Educational Institutions Tribunal Jaipur (2002(3) WLC 586) wherein it has also been observed that this being approved expenditure, the educational institutions are also entitled to claim grant-in-aid to the extent of approval.” “As regards entitlement of grant of selection scale, it is not disputed but ultimately fact remains that the institution has not even made payment to respondent employee in terms of judgment of the Tribunal even after eight years. In such circumstances, this Court does not find merit in any of submissions made on behalf of petitioner institution. Even the executing court has failed to assess amount in regard to selection scale which respondent employee has become entitled for under judgment dt.21/06/2001 (Ann.1)” As regards judgment (supra), it has not been disputed by petitioner-Institution about controversy being decided by the Court. CW 6303/08 //3// In the light of what has been observed (supra) vide judgment dt.02/09/2009 in Managing Committee Shri Digamber Jain Sr., Secondary School, Sikar Vs. Smt. Alka Jain & others (CWP-5174/2009), instant writ petition stands dismissed. However, after payment of amount to the respondent employee which he became entitled for under judgment (Ann.1), petitioner will be at liberty to make representation for release of grant-in-aid to the extent it is approved and if made, the State Government may objectively consider the same. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/ 6303CW2008May27Ds.doc