1 S.B. Civil Writ Pet. No. 3215/05 Mangla Devi Vs. State Date of order : 28.2.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. J.L. Purohit for the petitioner. Mr. Anil Vyas for the respondents. This writ petition has been preferred to seek a direction for fixation of pay and payment of salary as per revised pay scale with effect from 1996 and other consequential benefits. Learned counsel for the petitioner submits that the respondents are not making payment of due salary to the petitioner despite of all efforts made in this regard including filing of application before Rajasthan Non Governmental Education Tribunal. Even the Tribunal passed the order giving necessary directions in that regard yet the payment has not been made, therefore, a direction is sought that in view of the provision of Section 31 of the Act of 1989 the Government should be directed to deduct the amount of the salary of the petitioner from the amount of grant in paid payable to the respondents and the amount so deducted should be directly paid to the petitioners. 2 Learned counsel for the respondents submits that the petition is not maintainable for the reason that not only no order is under challenge but also for the reason that necessary monetary benefit as has been sought here is otherwise pending consideration in execution petition before the civil court, therefore, two parallel remedies for one and the same cause cannot be taken. I have considered the rival submissions of the learned counsel for the parties and perused the record. Perusal of the record shows that the relevant monetary as has been claimed by the petitioner in regard to the fixation of pay in revised pay scale and consequential benefit, the prayer was considered by the tribunal and necessary orders were also passed thus, the relief already granted by the tribunal cannot be raised by way of writ petition more so when the petitioner has already filed execution petition before the civil court for seeking execution of the order passed by the Tribunal. So far as the arguments of learned counsel for the petitioner regarding the provisions of Sec. 31 of the Act of 1989 is concerned, the said provision is regarding payment of salaries if is not paid by the recommended institutions on the fixed dates prescribed by the Govt. Dates are prescribed by the Government under the provisions of Sec. 3 29 of the Act. Of 1989. The case in hand does not fall under Sec. 29 therefore, Sec. 31 cannot be attracted. It is necessary to clarify that petitioners are not being given benefit of revised pay scale and benefit thereupon and it is also stated that now even the payment of regular salary has not been made. It suffice to say that all necessary benefits as has not been given pursuant to the order of the tribunal should be finally determined by the executing court within the period of two months from the date of receipt of copy of this order so that order of the tribunal be executed without further delay. The executing court is directed to proceed on day to day basis so that there remains no lapse in making compliance of the order of this court. The writ petition is accordingly allowed with the direction aforesaid. (MUNISHWAR NATH BHANDARI), J. ns.