CW 7207/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Civil Writ Petition No.7207/06 Managing Committee Versus State & Ors. [2] S.B. Civil Writ Petition No.5149/06 Managing Committee Versus State & Ors. [3] S.B. Civil Writ Petition No.7023/06 Managing Committee Versus State & Ors. [4] S.B. Civil Writ Petition No.7025/06 Managing Committee Versus State & Ors. [5] S.B. Civil Writ Petition No.7026/06 Managing Committee Versus State & Ors. [6] S.B. Civil Writ Petition No.7030/06 Managing Committee Versus State & Ors. [7] S.B. Civil Writ Petition No.7031/06 Managing Committee Versus State & Ors. [8] S.B. Civil Writ Petition No.7100/06 Managing Committee Versus State & Ors. DATE OF ORDER : 29/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashish Sharma for Mr. Alok Sharma, for petitioner Mr. A.K. Bhargava, for respondent *** Instant petitions have been filed by Managing Committee of the institution assailing order of Educational Tribunal dt.16th January, 2006 whereby they have been directed to treat the respondent- employees herein as employee of the institution and so also pay regular salary and other benefits admissible to employees of the institution under the provisions of the Act, 1989. CW 7207/06 [2] Respondent-employees, who are working as Cook, Gardner or on other equivalent posts and are members of the cadre of Class IV, working on fixed remuneration for sufficient long time in a hostel attached to the institution which is receiving 90% aid from the Government, filed application u/s.21 of the Act, 1989 before Tribunal with the grievance that despite they are working for sufficient long time for more than a decade, but still working on fixed wages and remained at the discretion/mercy of the managing committee of the institution and even after the Act of 1989 & Rules, 1993 framed thereunder came into force, the benefit of regular scale and other benefits which are made admissible to the employees of the institution, have not been extended to them. Petitioner filed reply to the application before Tribunal Ann.2 and their preliminary objection was that hostel is not receiving any aid from the State Government and they are not employees of the institution which is recognized and aided by the Government. As such, what has been claimed by them for regular pay or other benefits cannot be made admissible to them under the Act, 1989 since they are not controlled by CW 7207/06 [3] the Managing Committee of the recognized institution and also submitted that hostel is not receiving any aid from the Government nor it is a part of recognized institution, as such provisions of the Act, 1989 and rules framed thereunder will not apply to them. Learned Educational Tribunal after examining record observed in Para 23 of the order impugned that all such employees who are respondents herein appointed on various occasions as Cook, Sweeper, Gardner or on other equivalent posts attached with the hostel which is a part of the institution which is recognized and aided to the extent of 90% and for the purpose of seeking recognition as provided under R.5 of the Rules, 1993 one has to satisfy the condition that College is attached with a separate hostel for girls & boys and the institution holds complete control over the hostel for all practical purposes and finally recorded finding that it being a part of institution, which is recognized and receiving aid from the Government, as a consequence whereof provisions of the Act, 1989 and Rules, 1993 framed thereunder shall also be made applicable to such employees who are working in the hostel attached with the recognized CW 7207/06 [4] institution and accordingly, held that they too are entitled for regular pay and other benefits admissible to similarly situated employees working in the aided institution to whom the provisions of the Act, 1989 and rules framed thereunder apply with full force and no discrimination could be made amongst employees who are working in the cadre of Class IV either in the institution or hostel attached thereto and finally directed the petitioner to make payment of regular salary and so also other benefits which are admissible to employees of the institution under the Act, 1989. I have heard counsel for parties and also perused the order impugned and does not find any manifest error committed by the Tribunal which may call for interference. Consequently, all the writ petitions fail and are hereby dismissed. [AJAY RASTOGI], J. FRBOHRA7207CW06 29-1.doc