TARA CHAND CHOKDAYAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE identical questions of law have been raised by the petitioners in both the aforesaid writ petitions hence, they are being finally dealt with and decided by this common order. For the sake of convenience and ready reference, I deem it appropriate to refer to the facts of S. B. Civil Writ Petition No. 566/88 (Tara Chand Chokdayat v. State of Rajasthan), which has been treated as the main case. The petitioners in both the writ petitions are Teachers of Non-Government (Aided) Educational Institutions of Rajasthan who retired from the services of the said institutions on attaining the age of their superannuation after having rendered more man 30 years of service each to their credit. As regards their service conditions, they are not governed by the Rajasthan Non-Government Educational Institutions Act, 1989 but are governed by Grant-in-Aid to Non-Government Educational, Cultural and Physical Education Institutions Rules, 1963 for short "the Rules of 1963".

(2.) THE grievance of the petitioners in short is that notwithstanding the fact that the petitioners have rendered their continuous and meritorious service to the said institutions for a long spell of time and they were regular employees of the said institutions but as regards their pay-scales and allowances and post-retiral benefits their service conditions were not treated at par with similarly placed teachers of Rajasthan Government Educational Institutions since it did not include the benefit of gratuity and pension which are the statutory obligations imposed on the employer towards their employees by virtue of central legislation viz Payment of Gratuity Act, 1972 as extended to all establishments functioning in all States of the Union of India including the State of Rajasthan though, the provision in this regard was made later on by the Management of the said institutions at much belated stage in the year 1989 as applicable to the petitioners and similarly placed teachers of the respondent No. 2-Subodh Jain Stiiksha Samiti which is a Society registered vide No. 99/1965-66 under the Rajasthan State Societies Registration Act w. e. f. January 1, 1993.

(3.) THE petitioner in S. B. Civil Writ Petition No. 566/1988 was appointed as Assistant Teacher in the institution run by Shri Vardhman Sthanakwasi Jain Sharawak Jaipur Sangh on August 4, 1958 as Intergrade Teacher which was constituted for the management of new Educational Institutions and also for the mental, physical and moral development of different sections of society represented through wards admitted to said institutions. Later on, he was promoted on the post of Teacher Grade-II in the pay-scale of Rs. 115-330 on July 1, 1963 and, thereafter, he was promoted as Senior Teacher in the grade of Rs. 225-525 as on August 1, 1986. On perusal of the service record, the date of appointment of the petitioner as Assistant Teacher is borne out as August 9, 1958 in the grade of Rs. 70-4-90 with DA of Rs. 25/w. e. f. August 4, 1958 upto May 14, 1959 on temporary basis. Thereafter, the petitioner was promoted to the post of Vice-Principal of S. S. Jain Subodh Higher Secondary School, Jaipur-respondent No. 2 in the grade of Rs. 860/- as revised from time to time from which post, he retired on attaining the age of superannuation w. e. f. December 31, 1987.