BAL NIKETAN Vs. STATE OF RAJ.

JUDGEMENT

(1.) SINCE common question of law and facts are involved in both the special appeals hence disposed of by the present order. The facts have been noticed from SAW No.1082/2005. The respondent-employee Mangilal Sharma made a complaint before the Non-Government Educational Institutions Tribunal by filing an application u/S.21 of the Rajasthan Non-Government Educational Institutions Act, 1989 and prayed that he was paid his regular salary of the post of Teacher in the grade of Rs.1200-2050 continuously but from October, 1994 without any justification his salary was reduced to half i.e. 50% from November, 1994 onwards and he being an employee of a recognized Aided Institution is entitled to be paid salary as admissible to a Government employee in terms of Sec.29 of the Act, 1989.

(2.) THE appellant-Institution filed their reply before the ld.Tribunal and their basic objection was that the State Government has withheld their 50% grant from 1990 onwards, in absence whereof they are not in a position to pay full pay and allowances, as admissible to a Government employee to respondent-Teacher and as regards their share of contribution to the extent of 50% of pay and allowances admissible to him, that is being continuously paid.

(3.) COUNSEL for appellant-Institution vehemently contends that appellant-Institution was an aided Institution but it is not receiving any aid after 1990 and several correspondence was made to the State Government and all the discrepancies, pointed out by the officials of the State Government, were complied with but the fact still remains that the State Government failed to release their Grant-in-Aid in absence whereof Sec.29 of the Act 1989 has no application and the Institution is not under obligation to pay such pay and allowances payable to employees of State Government.