BAL VIKAS MANDAL Vs. OMPRAKASH BHATIA

JUDGEMENT

(1.) THE petitioners have preferred this revision petition against the impugned order dated 17th of April 2007 passed by the Civil Judge (Jr. Div.), Jaisalmer under Section 27A of the Rajasthan Non Governmental Educational Institutions Act 1989 (for short, 'the Act of 1989'), rejecting the objections raised on behalf of the petitioner educational institution and directing them to pay the benefit of selection grade to the first respondent Omprakash Bhatia pursuant to the directions of the Rajasthan Non Government Educational Institutions Tribunal issued by it vide its judgment dated 11th of November 2002 i.e. Annex.7.

(2.) ASSAILING the impugned order, the learned counsel for the petitioners Mr. Samdaria would urge that in absence of any order of pay fixation of the first respondent by the State Government, an executing Court cannot grant the benefit of selection scale founded on a decree passed by the Tribunal on 11.11.2002. The learned counsel for the petitioners has also urged that the petitioner institutions are in receipt of grant in aid to the extent of 70% of the approved planned expenditure and therefore, unless and until the said grant is released by the State Government, the institution is not obliged to pay salary to the respondent in the selection scale and the arrears thereon. With these submissions, learned counsel for the petitioners has contended that the executing Court has not properly examined the objections submitted by the petitioners and therefore the order impugned is liable to be interfered with in exercise of revisional jurisdiction of this Court.

(3.) LEARNED counsel Mr. Hemant Choudhary has argued that the payment of selection scale to an employee of the aided institution is prime duty of the employer, and after payment being made the State Government can release the grant in aid as per rules and norms. Mr. Choudhary further submits that after making payment of the requisite amount, the petitioner institutions can stake its claim for reimbursement to the extent of grant in aid by furnishing concrete proof that the requisite amount has been paid to the incumbent employees.