SANATAN DHARAM SABHA Vs. KRISHAN NIJHAWAN

JUDGEMENT

(1.) THESE appeals are being disposed of by a common judgment, since the grievance in both the appeals is one and the same.

(2.) BOTH the appeals have been filed, aggrieved by the judgment dated 5.11.2003 in CWP No. 203/1997. The issue pertains to the grant -in -aid. There is no case for anybody that the appellants in LPA No. 47 of 2003 were not entitled for grant -in -aid. They had been in receipt of grant -in -aid and still are in receipt of the same. However, there is dispute for the period from 1993 -94 to 1996 -97, during which the Management had resolved not to accept grant -in -aid. Apparently, that decision was taken since the disputes were pending before this Court. After the remand by the Apex Court, it is significant to note, that in the cases of some other Managements, this Court had passed interim orders directing the release of grant -in -aid, subject to the result of resolution of the disputes before this Court.

(3.) THERE is no dispute either for the State or the Staff that the resolution, as extracted above, was not taken properly or was taken with any oblique motive. It was validly resolved and it is in terms of the entitlement to get the grant -in -aid. It is also to be seen that the appellants -Sabha had been in receipt of the grant -in -aid prior to the period in dispute and thereafter till date it is in receipt of the same. There is no case for anybody that during the period in dispute i.e. from 1993 -94 to 1996 -97, the school had not been functioning.