MANAGING COMMITTEE DAV Vs. RAJASTHAN NON GOVERNMENT

JUDGEMENT

(1.) By these writ petitions, a challenge has been made to the order passed by the Rajasthan Non-government Educational Institutions Tribunal, Jaipur (hereinafter to be referred as "the Tribunal") whereby the application moved by the private respondents under Section 21 of Rajasthan Non-government Educational Institutions Act, 1989 (hereinafter to be referred as "the Act of 1989") was allowed. The matters pertain to grant of selection scale pursuant to the circular of State Government dated 25.01.1992.

(2.) Learned counsel for the petitioners submits that vide impugned order, benefit of selection scale has been granted to the respondents-employees from the date prior to what has been fixed by the State Government. The Govt. of Rajasthan issued two circulars. As per last circular, benefit of selection scale has been made admissible since 28.5.2002. The Tribunal thus committed error in allowing benefit of selection scale from the date prior to 28.5.2002.

(3.) Apart from the aforesaid, another ground urged is against a direction to make the payment of selection scale by the Institution and then to seek grant-in-aid against it from the Government. According to the learned counsel, 80% of grant-in-aid was made admissible to the petitioner Institution by the State Government, thus the Tribunal should have restricted payment of selection scale only to the extent of 20% by the petitioner Institution and remaining by the State Government. However, while concluding the order, erroneously a direction has been given to the petitioner Institution to make entire payment. Accordingly, on both the grounds, writ petitions deserve to be allowed by the setting aside the impugned order or modifying it.