ADMINISTRATOR, SARVAJANIK AACHARYA SANSKRIT MAHAVIDHYALAYA Vs. RAJASTHAN NON GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL AND ORS.

JUDGEMENT

(1.) INSTANT petition has been filed by the management of the institution assailing order of the Rajasthan Non -Government Educational Institutions Tribunal dt. 05/09/2006.

(2.) THE Respondent No. 2, who served the institution as a Teacher for almost fourty years and stood retired from service on attaining the age of superannuation in August, 2002, filed application Under Section 21 of the Rajasthan Non -Government Educational Institutions Act, 1989 before the Education Tribunal in which it was prayed that he is entitled for Gratuity, Leave Encashment, fixation of pay in the Revised Pay Scale Rules, 1998 and so also the arrears pursuant thereto.

(3.) THE main thrust of the submission of counsel for Petitioner is that the institution is 80% aided and in terms of the judgment impugned, Petitioner is under obligation to pay 20% of the arrears as determined by the Tribunal and rest 80% is to be paid by the Government but despite representation being made to the State Government in regard to the payment of 80% amount as per the orders of the Education Tribunal, it has not been released, for which the Petitioner cannot be held responsible for non -compliance of the order of the Education Tribunal.