1 S.B.CIVIL WRIT PETITION NO.2393/2007 Management Committee, Bal Niketan, Jodhpur v. Kailash Chandra Dagar & Ors. Date of Order :: 26th September, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Manoj Bhandari for the petitioner. Mr. S.S.Ladrecha ] Mr. Pankaj Gupta ] for the respondents. .... By judgment dated 31.1.2007, learned Non Governmental Educational Institutions Tribunal, Jaipur while accepting an application preferred by the respondent No.1 as per the provisions of Section 21 of the Rajasthan Non Government Educational Institutions Act, 1989 (hereinafter referred to as “the Act of 1989”) directed the petitioner institution to compute and pay the leave encashment and the selection grades of the pay to the applicant. Being aggrieved by the same, this petition for writ is preferred inter-alia with the prayer for a direction to the Government of Rajasthan to release the grant in aid to the extent of 90% for the purpose of selection grade and leave encashment under the provisions of the Act of 1989 and the Rules framed thereunder. As a matter of fact the entitlement of the respondent employee for getting gratuity was rightly 2 settled by the Tribunal in light of Full Bench judgment of this Court in the case of S.R.Higher Secondary School & Anr. v. Rajasthan Non-Governmental Educational Institution Tribunal, Jaipur & Ors., reported in 2002(3) WLC (Raj.) 586. It is stated by counsel for the petitioner that in compliance of the order dated 31.1.2007 payment of gratuity and ancillary benefits has already been made to the respondent No.1, however, no aid against that amount has been released by the Government of Rajasthan so far. The issue regarding release of grant in aid was also considered by the Full Bench of this Court in the case of S.R.Higher Secondary School (supra) in following terms that the Non Government Educational Institutions shall be entitled for getting g aid for the amount of selection grades and leave encashment. Accordingly, this petition for writ is disposed of with a direction to the respondent State to accord approval and release the grant in aid to the petitioner's institution, if claimed, on the arrears of salary paid by it to respondent Shri Kailash Chandra in pursuant to the judgment dated 31.1.2007. The society shall also be entitled for getting aid on arrears of Dearness Allowance paid and on the amount of selection grades as ordered to be paid to respondent No.1 Shri Kailash Chandra under the judgment dated 31.1.2007. The entire exercise for grant of approval and release of the aid is required 3 to be completed within a period of three months from the date the petitioner institution submits its claim to the authority competent as per the provisions of the Rajasthan Non Government Educational Institutions (Recognition, Grant In Aid and Service Conditions Etc.) Rules, 1993. ( GOVIND MATHUR ),J. kkm/ps.