MOHAN GIRI GOSWAMI Vs. MANAGING COMMITTEE

JUDGEMENT

(1.) The reasoned order dated 9th November, 2016 is challenged in D.B.Civil Special Appeal (Writ) No.178/2017 and D.B.Civil Special Appeal (Writ) No.712/2017. Order dated 19.11.2016 following the reasons in the order dated 9.11.2016 is challenged in D.B.Civil Special Appeal (Writ) No.667/2017. Thus, for purposes of the three appeals we would be concerned with the reasons given by the learned single Judge in the order dated 9th November, 2016.

(2.) The respondents were the writ-petitioners and were aggrieved by a decision against them by the Rajasthan Non-Government Educational Institutions Tribunal whereby on amount of gratuity, leave encashment and arrears of salary, the latter payable as per the Rajasthan Civil Services (Revised Pay Scales) Rules, 2008, interest @ 6% per annum was directed to be paid.

(3.) Noting that the respondents were aided educational institutions and because the State Government delayed disbursement of the grant-in-aid the learned single Judge has set aside the decision of the Tribunal concerning payment of interest on late payment of leave encashment and arrears of salary. Interest payable on the gratuity has been upheld because the liability to pay gratuity was not connected with the grant-in-aid to be paid by the State.