Rajasthan High Court - JodhpurManaging Committee vs Keshu Lal Teli on 26 August, 2022Author:Arun BhansaliBench:Arun BhansaliHIGH COURT OF JUDICATURE FOR RAJASTHAN AT\n                      JODHPUR\n             S.B. Civil Writ Petition No. 9552/2019\n\n1.    Managing Committee, Vidya Bhawan Society, Fatehpura,\n      Udaipur. Through The Secretary.\n2.    Managing Committee, Vidhya Bhawan Rural Institute\n      Polytechnic College, Fatehpura, Udaipur. Through The\n      Secretary.\n                                                                 ----Petitioners\n                                  Versus\n1.    Ratanlal Meghwal S/o Shri Jai Chand Meghwal, Opposite\n      Dagai Mand Ara Machine, Village And Post Lakadvaas,\n      Tehsil Girva, District Udaipur.\n2.    The Director, Technical Education, Jodhpur.\n3.    Rajasthan     Non       Government            Educational      Institution\n      Tribunal, Secretariat, Jaipur.\n                                                               ----Respondents\n                            Connected With\n             S.B. Civil Writ Petition No. 9555/2019\n1.    Managing Committee, Vidya Bhawan Society, Fatehpura,\n      Udaipur. Through The Secretary.\n2.    Managing Committee, Vidhya Bhawan Rural Institute\n      Polytechnic College, Fatehpura, Udaipur. Through The\n      Secretary.\n                                                                 ----Petitioners\n                                  Versus\n1.    Kundan Singh Chouhan S/o Shri Shiv Singh Chouhan, R/o\n      22   Narayan     Nagar,       Badgaon,         Tehsil    Girwa,   District\n      Udaipur.\n2.    The Director, Technical Education, Jodhpur.\n3.    Rajasthan     Non       Government            Educational      Institution\n      Tribunal, Secretariat, Jaipur.\n                                                               ----Respondents\n             S.B. Civil Writ Petition No. 9563/2019\n1.    Managing Committee, Vidya Bhawan Society, Fatehpura,\n      Udaipur Through The Secretary.\n2.    Managing Committee, Vidhya Bhawan Rural Institute\n\n\n                   (Downloaded on 27/08/2022 at 09:29:38 PM)\n                                         (2 of 17)                       [CW-9552/2019]\n\n\n     Polytechnic College, Fatehpura, Udaipur Through The\n     Secretary.\n3.   Managing Committee, Vidhya Bhawan Senior Secondary\n     School, Fatehpura, Udaipur Through The Secretary.\n                                                                       ----Petitioners\n                                   Versus\n1.   Amit   Jain    S/o     Shri     Gyan       Chand          Jain,    R/o   A-110,\n     Nityanand Nagar, Queens Road, Jaipur.\n2.   The Director, Technical Education, Jodhpur.\n3.   Rajasthan      Non       Government            Educational            Institution\n     Tribunal, Secretariat, Jaipur.\n                                                                 ----Respondents\n            S.B. Civil Writ Petition No. 9651/2019\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur. Through The Secretary.\n2.   Managing Committee, Vidhya Bhawan Rural Institute\n     Polytechnic College, Fatehpura, Udaipur. Through The\n     Secretary.\n                                                                       ----Petitioners\n                                   Versus\n1.   Prem Singh Jhala S/o Late Shri Maan Singh Jhala, R/o\n     Kadmal House, Parshuram Colony, Neemachkhera, Devali,\n     District Udaipur.\n2.   The Director, Technical Education, Jodhpur.\n3.   Rajasthan      Non       Government            Educational            Institution\n     Tribunal, Secretariat, Jaipur.\n                                                                 ----Respondents\n            S.B. Civil Writ Petition No. 9655/2019\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur. Through The Secretary.\n2.   Managing Committee, Vidhya Bhawan Sr. Secondary\n     School, Fatehpura, Udaipur. Through The Secretary.\n                                                                       ----Petitioners\n                                   Versus\n1.   Ratan Lal Dangi S/o Late Shri Hira Lal Dangi, R/o Village\n     Bhalo Ka Guda, Via Zinc Smelter, Udaipur.\n2.   The    Commissioner/director,                  Secondary              Education\n\n\n                   (Downloaded on 27/08/2022 at 09:29:38 PM)\n                                         (3 of 17)                 [CW-9552/2019]\n\n\n     Department, Government Of Rajasthan, Bikaner.\n3.   Rajasthan      Non       Government            Educational      Institution\n     Tribunal, Secretariat, Jaipur.\n                                                               ----Respondents\n            S.B. Civil Writ Petition No. 9759/2019\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur. Through The Secretary.\n2.   Managing Committee, Vidhya Bhawan Rural Institute\n      Polytechnic College, Fatehpura, Udaipur. Through The\n      Secretary.\n                                                                  ----Petitioner\n                                  Versus\n1.   Keshu Lal Teli S/o Late Shri Uma Shanker Teli, R/o 5/576,\n     Outside Chandpole, Brahmpole Marg, District Udaipur.\n2.   The Director, Technical Education, Jodhpur.\n3.   Rajasthan      Non       Government            Educational      Institution\n     Tribunal, Secretariat, Jaipur.\n                                                               ----Respondents\n            S.B. Civil Writ Petition No. 9763/2019\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur. Through The Secretary.\n2.   Managing Committee, Vidhya Bhawan Rural Institute\n     Polytechnic College, Fatehpura, Udaipur. Through The\n     Secretary.\n                                                                 ----Petitioners\n                                  Versus\n1.   Manoj Paliwal S/o Late Shri Chatur Lal Paliwal, R/o 265,\n     Krishnapura, Road No. 8, Behind St. Paul School, District\n     Udaipur.\n2.   The Director, Technical Education, Jodhpur.\n3.   Rajasthan      Non       Government            Educational      Institution\n     Tribunal, Secretariat, Jaipur.\n                                                               ----Respondents\n           S.B. Civil Writ Petition No. 11066/2019\n1.   Managing Committee Vidya Bhawan Society, Fatehpura,\n     Udaipur, , Through The Secretary.\n2.   Managing Committee Vidhya Bhawan Rural Institute\n\n\n                   (Downloaded on 27/08/2022 at 09:29:38 PM)\n                                        (4 of 17)                 [CW-9552/2019]\n\n\n     Polytechnic College, Fatehpura, Udaipur, Through The\n     Secretary.\n                                                                ----Petitioners\n                                 Versus\n1.   Vibhor Bhatnagar S/o Shri Banshilal Bhatnagar, R/o 9,\n     Havala Marg, Ajanta Hotel Street, District Udaipur.\n2.   The Director, Technical Education, Jodhpur.\n                                                              ----Respondents\n           S.B. Civil Writ Petition No. 7419/2020\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur, Through The President.\n2.   Managing Committee, Vidya Bhawan Secondary School,\n     Ramgiri, Udaipur Through The Secretary.\n                                                                ----Petitioners\n                                 Versus\n1.   Smt. Jai Shree Jain W/o Shri Probhat Jain, R/o 6-A,\n     Mahaveer Colony, Ashok Nagar, Udaipur.\n2.   The Director/Commissioner, Secondary Education, Govt.\n     of Rajasthan, Bikaner.\n                                                              ----Respondents\n           S.B. Civil Writ Petition No. 8001/2020\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur, Through The President.\n2.   Managing Commiittee, Vidhya Bhawan Senior Secondary\n     School, Fatehpura, Udaipur. Through The Secretary.\n                                                                ----Petitioners\n                                 Versus\n1.   Pushplata Shrimali W/o Shri Harish Chandra Shrimali, R/o\n     286, Fatehpura, Udaipur.\n2.   The Director/commissioner, Secondary Education, Govt.\n     Of Rajasthan, Bikaner.\n                                                              ----Respondents\n           S.B. Civil Writ Petition No. 8002/2020\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur, Through The President.\n2.   Managing Commiittee, Vidhya Bhawan Senior Secondary\n     School, Fatehpura, Udaipur. Through The Secretary.\n\n                  (Downloaded on 27/08/2022 at 09:29:38 PM)\n                                      (5 of 17)                  [CW-9552/2019]\n\n\n                                                              ----Petitioners\n                               Versus\n1.   Shagufta Anjum W/o Shri Sirazuddin, R/o 14, Titawala Ki\n     Badi Kharol Colony, Tank Building Ke Aage, Udaipur.\n2.   The Director/commissioner, Secondary Education, Govt.\n     Of Rajasthan, Bikaner.\n                                                            ----Respondents\n           S.B. Civil Writ Petition No. 8004/2020\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur, Through The President.\n2.   Managing Commiittee, Vidhya Bhawan Senior Secondary\n     School, Fatehpura, Udaipur. Through The Secretary.\n                                                              ----Petitioners\n                               Versus\n1.   Ram Prasad Bangar S/o Shri Laxmi Narayan Bangar, R/o\n     8/9 Matra Chaya Vidhya Vihar Colony, Near Shrinath\n     Colony, Pula, Fatehpura, District Udaipur.\n2.   The   Commissioner,        Secondary          Education,     Govt.   Of\n     Rajasthan, Bikaner.\n                                                            ----Respondents\n           S.B. Civil Writ Petition No. 8320/2020\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur. Through Its President.\n2.   Managing Committee, Vidya Bhawan Secondary School,\n     Ramgiri, Udaipur. Through Its Secretary.\n                                                              ----Petitioners\n                               Versus\n1.   Dr. Anju Sharma W/o Dr. Chandra Prakash Sharma, R/o\n     Plot No. 5, Luvnet, Shivam Complex, Ara Machine Wali\n     Gali, Badgaon, Udaipur.\n2.   The Director/commissioner, Secondary Education, Govt.\n     Of Rajasthan, Bikaner.\n                                                            ----Respondents\n           S.B. Civil Writ Petition No. 12397/2020\n1.   Managing Committee, Vidya Bhawan Society, Fatehpura,\n     Udaipur, Through The President.\n2.   Managing Committee, Vidya Bhawan Senior Secondary\n\n\n                (Downloaded on 27/08/2022 at 09:29:38 PM)\n                                          (6 of 17)                   [CW-9552/2019]\n\n\n        School, Fatehpura, Udaipur. Through The Secretary.\n                                                                  ----Petitioners\n                                     Versus\n1.      Mrs. Madhu Bordia W/o Sh. Dileep Kumar Bordia, 45\n        Modern Complex, Pula, Bhuwana Road, Udaipur - 313001\n        (Rajasthan)\n2.      The Director / Commissioner, Secondary Education, Govt.\n        Of Rajasthan, Bikaner.\n                                                                ----Respondents\n\n\nFor Petitioner(s)        :     Mr. Rakesh Arora with\n                               Mr. Naresh Singh.\nFor Respondent(s)        :     Mr.   Kailash Choudhary for\n                               Mr.   Manish Vyas, AAG.\n                               Mr.   Sarwan Kumar for\n                               Mr.   Hemant Choudhary, GC.\n                               Mr.   Manish Pitaliya.\n                               Mr.   Sushil Solanki.\n                               Mr.   S.K. Maru.\n\n\n\n            HON'BLE MR. JUSTICE ARUN BHANSALIOrder\n\n26/08/2022\n\n      The matters come up on applications filed by the petitioners\n\nfor disposal of the present writ petitions.With the consent of the parties, the applications are allowed\n\nand the petitions are finally heard.These writ petitions have been filed by the petitioners\n\naggrieved     against        judgments            passed        by      Rajasthan\n\nNon-Government Educational Institutions Tribunal, Jaipur ('the\n\nTribunal') dated 23.4.2015 (in CWP No.7419/2020), 8.2.2016 (in\n\nCWP No.8004/2020), 14.2.2017 (in CWP No. 11066/2019),\n\n10.3.2017 (in CWP No. 12397/2020), 10.3.2017 (in CWP No.\n\n8002/2020), 23.4.2015 (in CWP No. 8320/2020), 26.2.2019 (in\n\nCWP    No.9655/2019),        13.3.2019          (in     CWP     No.9763/2019),(Downloaded on 27/08/2022 at 09:29:38 PM)(7 of 17)                    [CW-9552/2019]\n\n\n\n13.3.2019     (in      CWP       No.9563/2019),              18.3.2019          (in    CWP\n\nNo.9759/2019), 18.3.2019 (in CWP No. 9651/2019), 18.3.2019\n\n(in CWP No. 9555/2019), 18.3.2019 (in CWP No.9552/2019) and\n\n26.9.2019     (in    CWP      No.8001/2020)             and     in    four     cases   the\n\nproceedings    initiated       by     the     respondents-teachers/employees\n\nseeking execution of the judgments passed by the Tribunal before\n\nthe Civil Court also.The      respondents-teachers/employees                         approached        the\n\nTribunal for due amount of gratuity, leave encashment and\n\npayment pertaining to the arrears of pay based on revision of pay\n\nscales.The Tribunal by its various orders, ordered for payment of\n\nthe amount due to the teachers/employees. While accepting the\n\napplications, the directions in following nature were given-"izkFkhZx.k dks lEiw.kZ jkf"k ij cdk;k gksus dh\n                    fnukad ls Hkqxrku fd;s tkus dh fnukad rd 06 izfr"kr\n                    okf"kZd C;kt dh nj ls ns; C;kt lfgr jkf"k vizkFkhZ\n                    la[;k 01 o 03 }kjk vnk dh tk;sA\n                               mijksDr vuqrks"kksa ds lEcU/k esa vizkFkhZ la[;k 01 o\n                    03 us ;fn dksbZ Hkqxrku izkFkhZx.k dks dj fn;k gks rks og\n                    lek;kstu fd;s tkus ;ksX; jgsxkA\n                               vizkFkhZ la[;k 02 dks funsZ"k fn;s tkrs gS fd os\n                    mijksDr fu.kZ; dh ikyuk vizkFkhZ la[;k 01 o 03 ls\n                    djk;k tkuk lqfuf"pr djsA foi{khx.k ekuuh; mPp\n                    U;k;ky; }kjk Mh-ch- flfoy Lis"ky vihy ¼fjV½ laŒ\n                    663@2015 jkt0 jkT; o vU; cuke izcU/k lfefr] Jh\n                    Hkxoku nkl rksMh dkWyst tfj;s lfpo] y{e.kx<+ ftyk\n                    lhdj esa ikfjr fu.kZ; fnukad 06-11-2015 esa fn;s x;s\n                    funsZ"kksa dh ikyuk lqfuf"pr djsA"The present petitions have been filed by the petitioner\n\ninstitution seeking to question the direction of the Tribunal in\n\nordering for payment of amount of interest on the due amount\n\nand/or the execution proceedings initiated by the judgment(Downloaded on 27/08/2022 at 09:29:38 PM)(8 of 17)                    [CW-9552/2019]\n\n\n\nholders before the Executing Court for recovery of the amount of\n\ninterest from the petitioner institution.Learned counsel for the petitioners made submissions that\n\nissue raised by the petitioners regarding its responsibility to make\n\npayment of interest is concluded by judgment in Managing\n\nCommittee, Rajasthan Mahila Parishad and Anr. Vs. Mohan Giri\n\nGoswami & Ors. : SBCWP No. 1958/2016 decided on 9.11.2016,\n\nwherein this Court came to the conclusion that, insofar as, the\n\ndirection to pay interest on the amount of gratuity was concerned,\n\nthe petitioner institution were liable, however, for rest of the\n\ninterest, the petitioner institution were not liable for payment.Against    the     above        judgment          dated        9.11.2016,    the\n\nrespondent approached Division Bench and Division Bench inMohan Giri Goswami Vs. Managing Committee, Rajasthan Mahila\n\nParishad: D.B. Spl. Appl.Writ No. 178/2017                             decided on\n\n13.3.2018, upheld the order passed by the Single Judge and,\n\ntherefore, as the issue raised is squarely covered by order in the\n\ncase of Mohan Giri Goswami (supra), the petitions deserve to be\n\nallowed and the order passed by the Tribunal to the extent of\n\ndirection to pay interest on the amount other than the amount of\n\ngratuity, deserves to be set aside and the execution applications\n\npending before the Executing Court in this regard deserve to be\n\ndismissed to the said extent. Further submissions were made that\n\nthe liability to pay interest, if any, is that of the State and the\n\nTribunal was not justified in exonerating the State, who was solely\n\nresponsible for the delay, in this regard.Learned      counsel         appearing            for        the   respondents-teachers/employees made submissions that even if the petitioner\n\ninstitution is not liable to pay interest, as laid down by this Court(Downloaded on 27/08/2022 at 09:29:38 PM)(9 of 17)              [CW-9552/2019]\n\n\n\nin Management Committee of Shri Swetamber Jain Secondary\n\nSchool Vs. Rajasthan Non-Government Educational Institutions\n\nTribunal, Jaipur : SBCWP No. 8228/2013 decided on 8.2.2017 at\n\nJaipur Bench as upheld inDirector, Secondary Education Vs.\n\nManaging Committee, Shree Shwetambar Jain Secondary School,\n\nJaipur: D.B. Special Appeal Writ No. 1439/2019 decided on\n\n22.1.2021 at Jaipur Bench, the State is liable to make payment of\n\nthe amount of interest and that in light of the said lawlaid down\n\nbythe Division Bench, the State be directed to pay the interest.Learned counsel appearing for the State attempted to make\n\nsubmissions that the delay in making payment of the amount of\n\ngrant-in-aid to the petitioner institution was on account of the fact\n\nthat the due drawn statements etc. were not supplied by the\n\npetitioner institution in time and, therefore, the State also cannot\n\nbe saddled with the liability to pay interest.I have considered the submissions made by learned counsel\n\nfor the parties and have perused the material available on record.The petitioner, in its petitions has made specific reference to\n\nthe fact that the petitioner institution, on account of non-payment\n\nof the amount of grand-in-aid, had to file SBCWP No. 1442/2013,\n\nwhich came to be decided on 21.3.2014 with direction to the State\n\nGovernment to release the grant and when the amount was not\n\npaid, the petitioner institutions had to file S.B. Writ Contempt\n\nPetition No. 502/2016, wherein ultimately the payment was made\n\nto the petitioner institutions.In that view of the matter, the plea sought to be raised by\n\nthe State seeking to justify the delay and/or accusing the\n\npetitioner institutions for the delay cannot be accepted.(Downloaded on 27/08/2022 at 09:29:38 PM)(10 of 17)                   [CW-9552/2019]\n\n\n\n     Insofar as, the plea raised by the petitioner institution\n\nregarding its liability to pay interest is concerned, this Court in the\n\ncase of Management Committee, Rajasthan Mahila Parishad\n\n(supra), inter alia, came to the following conclusion:-"In view of the above, no case is made out by\n           the petitioner Institution for interference in the\n           direction issued by the Tribunal for payment of\n           interest on the amount of gratuity payable to the\n           respondents.So far as the direction of the Tribunal regarding\n           payment     of    interest    on     the     amount     of   leave\n           encashment and arrears of salary based on revised\n           pay scales is concerned, the said issue is already\n           settled by the Division Bench in the case of Managing\n           Committee, Bhartiya Shiksha Prachar Samiti (supra),\n           wherein, the appeal filed by the Managing Committee\n           was   allowed     in   part     by    holding     the   appellant\n           Institution therein liable to pay the statutory interest\n           on gratuity, however, amount of interest on leave\n           encashment dues was denied by the Division Bench.The Hon'ble Supreme Court in the case of\n           D.D.Tewari (supra) held that where there is undue\n           delay in payment of retiral benefits to the employees,\n           they are entitled to grant of interest and in the case\n           of Jai Narain Vyas University (supra) this Court on\n           account of statutory provisions held that interest was\n           payable.A perusal of the record clearly indicates that\n           insofar as the amount of leave encashment and\n           payment of arrears of salary based on revised pay\n           scales are concerned, the same was delayed on\n           account of petitioner not receiving the amount of\n           grant-in-aid from the respondent State. Besides the\n           above, the amount of arrears of salary based on\n           revised pay scales cannot be termed as retiral\n           benefit.As already noticed hereinbefore, in the case of\n           Managing     Committee,         Bhartiya      Shiksha    Prachar\n           Samiti (supra), the Division Bench partly allowed the(Downloaded on 27/08/2022 at 09:29:38 PM)(11 of 17)                  [CW-9552/2019]\n\n          appeal of the Managing Committee holding that for\n          grant of interest on leave encashment, the Tribunal\n          had no power. The judgment cited by the counsel for\n          the respondents No.1 does not deal with the power of\n          the    Tribunal    to   award       interest,     which    is   a\n          jurisdictional aspect and as the Division Bench has\n          held   in the case of Managing Committee Bhartiya\n          Shiksha Prachar Samiti (supra) that the Tribunal does\n          not have jurisdiction, therefore, irrespective of the\n          submissions made by counsel for the respondent\n          No.1, the respondents No.1 are not entitled to\n          payment     of    interest   on     the     amount    of   leave\n          encashment as well as arrears of salary based on\n          revised pay scales.In view of the above discussion, the writ\n          petitions filed by the petitioner Institution are partly\n          allowed. The orders dated 3/11/2015 passed by the\n          Tribunal are set aside to the extent it provides for\n          payment of interest on leave encashment dues as\n          well as arrears of salary based on revised pay scales,\n          however, the direction to the extent of payment of\n          interest on the amount of gratuity is upheld. The\n          amount of gratuity as well as interest thereon shall\n          be paid to the respondents No.1 by the petitioner\n          Institution within a period of three months. The\n          amount, if any, deposited by the petitioner Institution\n          with the Executing Court pursuant to the directions\n          issued by the Tribunal be adjusted in the amount\n          payable to the respondents No.1".Against the above order, in the case of Mohan Giri Goswami\n\n(supra), the Division Bench, inter alia, came to the following\n\nconclusion:-"16. It is in the backdrop of the aforesaid facts that\n          the claim of the teachers for grant of interest on\n          delayed payment of enhanced salary and leave\n          encashment has to be considered.17.    We note that as regards gratuity the aided\n          institutions have agreed to pay interest @ 6% per(Downloaded on 27/08/2022 at 09:29:38 PM)(12 of 17)                     [CW-9552/2019]\n\n            annum for the period payment of gratuity was\n            delayed.18.    The facts noted hereinabove clearly bring out\n            that the aided institutions did their best to ensure\n            timely payment to its employees. They fought tooth\n            and nail with the State to obtain the grant-in-aid. The\n            litigious facts aforementioned show that repeatedly\n            the State obstructed the claim by these institutions.\n            Thus, the aided institutions cannot be saddled with\n            any liability to pay interest on the delayed payments\n            qua the enhanced salary and leave encashment. If at\n            all the liability would be that of the State. But there is\n            no direction in any decision for the State to pay\n            interest on the belated disbursement of the grant-in-\n            aid.19.    In that view of the matter, the learned Single\n            Judge has correctly held that on enhanced salary and\n            leave encashment no interest is payable for the\n            period of delay by the respondent-institutions.20.    The law in the two decisions cited by learned\n            counsel for the appellants would apply when the\n            employer     is   solely    responsible       for      the   delayed\n            payment.21.    In the instant case, the employer took all\n            possible measures to ensure that the State releases\n            the grant-in-aid within time and from that money\n            enhanced salary as per the Revised Pay Scales Rules\n            could be disbursed as also the amount due on\n            encashment of the leave which had accumulated in\n            the leave account of the teachers.22.    The three appeals are accordingly dismissed".(emphasis supplied)\n\n     In view of the above legal position, the direction of the\n\nTribunal, ordering for payment of interest on the entire amount by\n\nthe petitioner institution cannot be sustained. As laid down in the\n\ncase of Mohan Giri Goswami (supra), the petitioner institution is\n\nnot liable for payment of interest except on the amount of\n\ngratuity.(Downloaded on 27/08/2022 at 09:29:38 PM)(13 of 17)                  [CW-9552/2019]\n\n\n\n     Coming to the submissions made by learned counsel for the\n\npetitioner and teachers/employees regarding wrong exoneration of\n\nthe State from payment of amount of interest, the Tribunal, for\n\napparently no reason and despite noticing the judgment inState\n\nof Rajasthan Vs. The Management Committee, Shri Bhagwan Das\n\nTodi College: D.B. Civil Special Appeal Writ No. 663/2015,\n\ndecided on 6.11.2015 at Jaipur Bench, wherein the Division Bench\n\nhad specifically laid the responsibility on the State to disburse the\n\namount to the extent of grant-in-aid to the institution, has not\n\ndirected the State to make payment of the amount of interest\n\nwithout discussion and indicating any reason.A coordinate Bench of this Court in the case of Management\n\nCommittee of Shri Swetamber Jain Secondary School (supra),\n\nwhile accepting a similar plea of the institution, inter alia, directed\n\nas under:-"(i)   The State Government shall pay the amounts\n             due to private respondents as per the "due drawn"statements    received      from     the    petitioner    school\n             proportionate to the approved grant-in-aid to it on\n             sanctioned posts within five weeks from the date of\n             receipt of a certified copy of this order. Interest as\n             directed by the Tribunal shall be paid by the State\n             Government on the aforesaid amounts."(emphasis supplied)\n\n     Feeling aggrieved of the direction to pay interest, the State\n\napproached the Division Bench, wherein the Division Bench in the\n\ncase ofDirector, Secondary Education(supra), inter alia, noticing\n\nthe submissions in this regard, came to the following conclusion:-"It has been submitted on behalf of appellants\n             that the order of learned Single Judge to the extent\n             of directions relating to payment of interest by the\n             State Government is arbitrary, unjustified and against(Downloaded on 27/08/2022 at 09:29:38 PM)(14 of 17)                   [CW-9552/2019]\n\nthe Rules, and is liable to be quashed and set aside\nto the extent of directions to the State Government\nto pay interest as directed by the learned Tribunal. It\nhas also been submitted that provisions of Rules of\n1993 clearly state that aided institutions shall pay the\namount payable to the employees and shall apply for\nreimbursement to the State Government to the\nextent      of    admissible      grant-in-aid.         The   State\nGovernment in no manner is under any obligation to\npay interest on such amount. The State Government\ncannot be made liable for payment of interest for no\nfault on its part. It has also been submitted that the\nlearned Single Judge has also misinterpreted the\nobservations and directions given in the case ofState\nof Rajasthan v. The Management Committee Sh.\nBhagwan Das Todi College(supra).It has been vehemently argued on behalf of\nrespondents that the order of the learned Single\nJudge is perfectly in accordance with applicable Rules\nand Law aslaid down bythis Court.We have perused the record of the case as well\nas impugned order dated 08.02.2017 passed by the\nlearned Single Judge. A perusal of the impugned\norder reveals that during the course of arguments it\nwas admitted on the part of State Government\nthat :-"the State Government was obliged to pay\n          the    employees of the           petitioner school\n          working on sanctioned posts as per the due\n          drawn     statement         submitted         by    the\n          petitioner school and the amount due to the\n          extent of percentage under the approved\n          grant-in-aid."It was also admitted on the part of the State that :-"the due drawn statements sent by the\n          petitioner school had been received by the\n          State     Government         and      on      requisite\n          verification,    payment       due     as     per   the\n          directions of the court inState of Rajasthan\n          Vs.     The     Management         Committee        Sh.Bhagwan Das Todi College(supra) and(Downloaded on 27/08/2022 at 09:29:38 PM)(15 of 17)                     [CW-9552/2019]\n\n      Managing Committee Vs. Shri P. K. Goyal\n      (supra), would be made to the private\n      respondents within four weeks."Thus, during the course of arguments in writ\npetitions it was admitted on behalf of the State that\n"due drawn" statements had been submitted by the\npetitioner schools to the State Government. Hence, it\nalso becomes clear that even after submission of\n"due drawn" statements by the petitioner schools, no\npayment was made by the appellant State. The\npetitioner schools were rather subjected to execution\nproceedings in respect of the amounts payable by the\nState Government to an extent of approved grant-in-\naid for sanctioned posts on which private respondents\nwere engaged by the petitioner schools.InMohan         Giri     Goswami       v.    Managing\nCommittee, Raj. Mahila Par. & Ors [D.B. Spl. Appl.\nWrit No. 178/2017], and two other appeals, decided\non 08.03.2018, following observations have been\nmade by this court: -18. The facts noted hereinabove clearly\n      bring out that the aided institutions did their\n      best     to    ensure       timely   payment          to   its\n      employees. They fought tooth and nail with\n      the State to obtain the grant-in-aid. The\n      litigious facts aforementioned show that\n      repeatedly the State obstructed the claim by\n      these         institutions.      Thus,      the        aided\n      institutions cannot be saddled with any\n      liability       to      pay      interest        on        the\n      delayed payments qua the enhanced salary\n      and leave encashment. If at all the liability\n      would be that of the State. But there is no\n      direction in any decision for the State to pay\n      interest on the belated disbursement of the\n      grant-in-aid.The facts of this case also reveal that the\npetitioner schools as required, did send the due\ndrawn statement to the State, yet no payment was\nmade to petitioner schools and the petitioner schools\nwere facing execution petitions filed by private(Downloaded on 27/08/2022 at 09:29:38 PM)(16 of 17)                   [CW-9552/2019]\n\n           respondents        following        the     judgments         dated\n           27.11.2012,          10.12.2012,            17.03.2015          and\n           07.04.2015 passed by the Tribunal.Rule 15 of Rules of 1993 reads as under :-Payment of Recurring Grant.- (1) Payment\n                 of grant-in-aid may be sanctioned by the\n                 Director      of    Education       regularly      to   the\n                 institution already on the grant-in-aid list\n                 within the budget provision in the current\n                 financial year.(2)       xxxx xxxx xxxx xxx\n                 Thus, the argument of learned counsel for\n           appellant that State is only required to reimburse the\n           payment which has already been made by the\n           institution to the employees, has no applicability in\n           this matter. Therefore, for this delayed payment of\n           the   amount,         the      petitioner       schools       (aided\n           institutions) cannot be saddled with the liability to\n           pay interest.In view of above, the order of learned Single\n           Judge directing the State Government to pay interest\n           on the aforesaid amounts, does not suffer from vice\n           of illegality and we are of the considered opinion that\n           the order passed by learned Single Judge does not\n           call for any interference.No ground for interference is made out and the\n           appeals are accordingly dismissed."(emphasis supplied)\n\n     From the above, it would be seen that Division Bench, after\n\nthoroughly considering the aspect of direction to pay interest\n\ncame to the conclusion that the order passed by the learned\n\nSingle Judge did not call for any interference.In view of the above fact situation, the State alone is\n\nresponsible to make payment of interest on the amount other than\n\nthat of gratuity payable to the teachers/employees.Consequently, the writ petitions filed by the petitioner are\n\nallowed to the extent that other than the amount of gratuity(Downloaded on 27/08/2022 at 09:29:38 PM)(17 of 17)             [CW-9552/2019]\n\n\n\n                                   payable to the respondents-teachers/employees, the petitioner\n\n                                   institution shall not be responsible for payment of interest and to\n\n                                   that extent directions given by the Tribunal in the impugned\n\n                                   judgments shall stand set aside and in 4 cases, where execution\n\n                                   proceedings are pending before the Executing Court, the petitioner\n\n                                   institution shall not be proceeded against to the above extent.It is further directed that the interest as directed by the\n\n                                   Tribunal shall be paid by the State on the amount other than the\n\n                                   amount of gratuity within a period of eight weeks and the\n\n                                   respondents-teachers/employees would be free to proceed against\n\n                                   the State for payment of the amount of interest in terms of the\n\n                                   above directions.(ARUN BHANSALI),J\n                                    12-sumer/-(Downloaded on 27/08/2022 at 09:29:38 PM)Powered by TCPDF (www.tcpdf.org)