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TMI Blog2013 (5) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant-Institution cannot be forbidden and state that the appellant-institution is not an aided-Institution and as such is not under the obligation to pay such pay and allowances, as contemplated u/S.29 of the Act, as provided for the staff belonging to the similar category in the Government Institutions and this what the learned Single Judge observed in the order impugned dt.24th August, 2005. The submission of counsel for appellant that appellant-Institution is not receiving aid from the State Government may be for reasons whatsoever for the period in question they are not entitled to comply with u/S.29 of the Act is wholly without substance for the reason that once the Institution is categorized as an Aided-Institution, such aided-Institutions are under obligation to make payment of such pay & allowances to the employees of the Institutions which shall not be less than those prescribed for the staff belonging to such categories in the Government Institutions, as provided u/S.29 of the Act. As regards submissions made for issuance of mandamus against State Government for release of Grant-in-Aid to meet out its legal obligation, suffice it to say that the writ petition cam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heir pay and allowances in terms of Sec.29 of the Act which postulates that scales of pay and allowances of the employees of aided institution shall not be less than those prescribed for the staff of similar category in the Government Institutions and accordingly ld. Tribunal directed the appellant-Institution to make payment of pay and allowances in full to which the respondent-Teacher was entitled for to the extent withheld from November, 1994 and shall continue to pay the same vide order dt.27th May, 1996. However, the application filed for recalling of the order by the appellant-Institution came to be rejected by the ld. Tribunal vide order dt.26th September, 1996 and the ld. Single Judge after hearing the parties also affirmed the order of the ld. Tribunal. Hence, this appeal. Counsel for appellant-Institution vehemently contends that appellant-Institution was an aided Institution but it is not receiving any aid after 1990 and several correspondence was made to the State Government and all the discrepancies, pointed out by the officials of the State Government, were complied with but the fact still remains that the State Government failed to release their Grant-in-Aid in abs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Education in this behalf; Sec.7. Grant of aid to recognised institution.- (1) No aid shall be claimed by an institution as a matter of right and an aid granted under the provisions of this Act or the Rules made thereunder may be stopped by the State Government at any time. (2) Unrecognised institutions shall not be eligible to receive any aid. (3) Subject to such terms and conditions as may be prescribed, the sanctioning authority may sanction and distribute aid to recognised institutions from time to time in accordance with the procedure as may be prescribed. (4)The aid may cover such part of the expenditure of the institution as may be prescribed. (5) No amount out of aid given for salary of the employees of an institution shall be used for any other purpose. (6) The sanctioning authority may stop, reduce or suspend aid on breach of any of the terms and conditions prescribed in this behalf. (7) The amount of aid may normally be paid to the secretary of the managing committee of an institution but, in special circumstances and for reasons to be recorded in writing, such amount may be paid to any person authorised by the Director of Education or by any other of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id has been applied for. By 31st October each year the Director of Education shall order for a panel inspection by a Committee, to be nominated by him and direct such in the proforma as specified in Appendix-V. Committee to submit its report latest by 31st of December. The panel inspection report shall be scrutinised by the Head of Accounts Branch of the Directorate. A list of institutions recommended by the Panel Inspection Committee shall be sent to the State Government by 31st of January, such reports, after due scrutiny shall be put-up before the Grant-in-aid Committee, which shall consists of the following : (i)Special Secretary to the Government Education Department Chairman (ii)Director and/or Chief Accounts Officer of Primary Secondary Education Member (iii)Director of College Education Member (iv) Director of Sanskrit Education Member (v) A representative of the Finance Department Member (vi )Three eminent non-official Educationists nominated by the Government Member (vii)Accounts Officer, Education Department Member Government Secretariat, Jaipur Secy. (2)The Director of Education shall intimate the amount that may be available for the above grants i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions but recognized Institutions may not be aided Institutions and such of the Institutions are eligible for grant-in-aid which are recognized Institutions affiliated to any University or recognized by any Board or Director of Education or any officer authorized by the State Government or the Director of Education in this behalf and such of the recognized Institutions who fulfill the terms and conditions, as prescribed by the State Government, the sanctioning authority may sanction and disburse grant-in-aid from time to time in accordance with the procedure prescribed under the law and the recognized Institutions to whom aid has been granted/sanctioned by the State Government on fulfillment of terms and conditions, as prescribed by the sanctioning authority, may be casted an obligation to make payment of pay and allowances to its employees which shall not be less than those prescribed to the staff belonging to similar category in the Government Institutions at the same time the Rules which are framed by the State Government in exercise of power u/S.43 of the Act, 1989 also postulate regarding the aid granted to recognized Non-Government Educational Institution termed as Grant-in-A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strained the appellant-Institution to reduce the salary to half of respondent-employee from November, 1994 onwards and the salary was continuously paid 50% of the pay allowances to the respondent-employee, which was their contribution. In our considered view, the averments made by the appellant-Institution in para-2 of the writ petition holding that Institution is an aided-Institution but aid has not been released to them after the year 1990 because of non-compliance of certain provisions of Scheme of Rules 1993 and lapses on the part of the appellant-Institution in not complying with the provisions for the purpose of release of Grant-in-Aid, would not affect the category of the appellant-Institution as not being an aided-Institution and in case the aid of the Institution was not released in time, as submitted by the appellant, or withheld by the sanctioning authority in not complying with the provisions of law or procedure provided under the Scheme of Rules 1993 has not been followed, the remedy to an Institution is available of filing appeal against the order of the sanctioning authority u/R.19 of the Scheme of Rules 1993 and such decision of the State Government is final but ..... 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