Management Comittee,Bal Vidya … vs Raj. Non Govt.Education Tribunal on 5 March, 2009

                 S.B. C.W.P. No.3926/1999
   Management Committee, Bal Vidhya Bhawan Middle School
                              v.
  Rajasthan Non-Government Educational Institutions Tribunal
                          & others


Date of order: 05.03.2009

           HON'BLE MR JUSTICE GOVIND MATHUR


None present, for the petitioner
Mr Vijay Mehta, for the respondents
Mr Hemant Choudhary, Government Counsel



      The controversy involved in this petition for writ is no more

res integra in view of Full Bench judgment of this Court in S.R.

Higher Secondary School & anr v. Raj. Non-Government Educational

Institutions Tribunal, Jaipur and 23 others [2002 (3) WLC (Raj) 586].




      In the case aforesaid, Full Bench of this Court declared

teachers working with non-government aided institutions entitled

to be treated at par with the teachers working in government

schools. Accordingly, the judgment dated 25th January, 1999

whereby direction was given for grant of selection scale to

respondent No.2 suffers from no error.



      The issue regarding grant of gratuity is also no more res

integra as this Court has already taken a view that the teachers

working in non-government aided institutions are entitled to

receive gratuity as per provisions of rule 82 of the Rajasthan
 Non-Government Educational Institutions (Recognition, Aid and

other Service Conditions) Rules, 1993.



      Accordingly, this petition for writ is dismissed. It is

expected from the respondents that they shall make compliance

of the judgment passed by learned Tribunal expeditiously, as far

as possible within period of six months from today.



                                           [GOVIND MATHUR],J.

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