Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Voluntary Rural Education Service Rules 2010 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Voluntary Rural Education Service Rules, 2010 – rr. 5, 10 – Rajasthan Non-Government Educational Institutions (Recognition Grant-In-Aid and Service Conditions, Etc.) Rules, 1993 – rr. 47, 82 – Rajasthan Non-Government Educational Institutions Act, 1989 – ss. 2, 29 – Appellants were appointed against sanctioned posts by fourth respondent-school, controlled by fifth respondent trust (collectively “establishment”) – Establishment discontinued receipt of grant-in-aid from the State – In the meanwhile, 2010 Rules were brought into force by the State – Appellants sought absorption with the State in accordance with the rules, denied – Eventually, Supreme Court set aside the denial of absorption of the appellants and directed their regularization – However, their complaint of non-compliance with the respondent’s obligation to pay leave encashment and gratuity for the period they were in the aided establishment was not gone into, permitted to agitate grievance before High Court – By impugned judgment High Court has now held that since arrears of salary had been paid, nothing more was to be done – On appeal, held: Salary includes leave encashment – Further, 2010 Rules were framed to enable the absorption of employees and teachers of non-government aided institutions – Condition in clause (viii) of r. 5 i.e., bar on carry forward of balance privilege leave and requiring employees to seek encashment from their previous employer i.e., aided institutions, is an arbitrary condition which cannot be enforced – Also, in the present case, the management establishment was recipient of 70% aid, in the form of grant – Thus, the State cannot shrug its part of the responsibility to pay the appellants the share of leave encashment benefits, and hide behind either r.5 (viii) or the undertaking executed by them – Appellants entitled to privilege leave entitlement benefits, to be paid by the State and management establishment in the ratio of 70:30, respectively – Management also liable to pay gratuity to the appellants – Impugned order set aside – Service Law.Service Law – Leave encashment, if part of salary – Held: Yes. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2022 INSC 1023 |
Petitioner | Jagdish Prasad Saini & Ors. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2022] 13 S.C.R. 463 |
Judgement Date | 2022-09-26 |
Case Number | 6953 |
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