KRIPA NIDHI TEWARI Vs. KHETRI VIKASH SAMITI

JUDGEMENT

(1.) WE have heard learned counsels appearing for the parties.

(2.) THESE Special Appeals are directed against the judgment dated 06.11.2012, passed by learned Single Judge, by which, after setting aside the impugned order of the Rajasthan Non -Government Educational Institutions Tribunal (for short, 'the Tribunal'), constituted under the Rajasthan Non -Government Educational Institutions Act, 1989 (for short, 'the Act of 1989'), by which the Tribunal dismissed the appeals, filed by the appellants against the orders of their dismissal, on the ground of misconduct, learned Single Judge has, in view of agreement to the amount of compensation, to be paid towards pay and allowances which the appellants would have drawn, allowed compensation of Rs. 65,000/ - for each of the appellant/petitioner, in lieu of reinstatement and salary. Learned Single Judge further directed that the amount shall be paid by the respondents within three months. They will be at liberty to seek reimbursement of the amount from the Government, to the extent of grant -in -aid, provided to them at the time of order of their dismissal. The operative portion of the judgment of learned Single Judge is quoted as below: - "Taking note of the facts and circumstances of this case, I am of the opinion that petitioners should be granted lump sum compensation because even if they are reinstated, the respondents would be at liberty to pass a fresh order of dismissal in view of the approval granted by the Director. In that event, if the petitioners are already settled in other services, they would necessarily be unsettled. It is also not to be ignored that if respondents are directed to reinstate the petitioners then in that eventuality, liability of wages of same period will on them. To balance the equity, learned counsel for both the parties were asked to make proposal. Learned counsel for the respondents proposed compensation of Rs. 50,000/ - whereas learned counsel for the petitioners made a claim of Rs. 75,000/ - towards compensation. I have taken both the proposals and award Rs. 65,000/ - towards compensation to each petitioner. Accordingly, while setting aside the impugned order of the Tribunal, the petitioners are allowed compensation of Rs. 65,000/ - in lieu of reinstatement and salary. The amount aforesaid would be paid by the respondents within a period of three months from today. They would be at liberty to seek reimbursement of the amount from the Government to the extent of grant -in -aid provided to them at the time of order of dismissal. As per the rules, if claim for reimbursement is made, the State Government is directed to consider the case for grant of amount in favour of the respondent -institution within shortest possible time and if possible then within a period of four months from the date of making claim by the respondent -institution. With the aforesaid, all the writ petitions stand allowed."

(3.) BRIEF facts, giving rise to the present Special Appeals, are that the Vinodini P.G. College, Khetri, run by Khetri Vikas Samiti, was 90% aided Institution. The appellants were serving as lecturers in the college. They made a complaint against the management of the college with regard to irregularities in payment of salaries, contribution for the provident fund, and other financial matters. A High Level Committee, constituted by the Directorate, College Education, conducted an enquiry and found the allegations made in the complaint, to be established. The management of the college retaliated by suspending the appellants. They were not given charge -sheet for a long period of time, despite order of suspension dated 27.02.2003. After acquiring knowledge of the charge -sheet from the proceedings of the writ petition, a reply was given by the appellants on 24.04.2004.