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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 ..... he ld. Tribunal and their basic objection was that the State Government has withheld their 50% grant from 1990 onwards, in absence whereof they are not in a position to pay full pay and allowances, as admissible to a Government employee to respondent-Teacher and as regards their share of contribution to the extent of 50% of pay and allowances admissible to him, that is being continuously paid. The ld. Tribunal after taking into consideration material on record came to the conclusion that if the Institution is a recognized and aided Institution but if aid has been withheld by the Government for any good reasons, that could not be a ground to deprive the rights of the employee and the remedy can always be availed by the Institution provided under the Scheme of Rules 1993 and at least the Teachers/Employees of an aided Institution are entitled for their 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 al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the ld.Single Judge and the present special appeal deserves to be dismissed. We have heard learned counsel for parties and perused the relevant material placed before us. It would be relevant to first take note of the relevant provisions of the Act, 1989 to examine the Scheme of the Act which read ad infra:- "Sec.2. Definitions- In this Act, unless the context otherwise requires,- (a) "aid" means any aid granted to a recognised educational institution by the State Government; (b) "aided institution" means a recognised institution which is receiving aid in the form of maintenance grant from the State Government; (q) "recognised institution" means a non-Government educational institution affiliated to any University or recognised by the Board, Director of Education or any officer authorised by the State Government or the Director 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 ai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .9. Grants - The State Government may at its discretion sanction following grants :- (1)Maintenance or recurring grant, (2)Non-recurring grant towards equipments, building etc. (3) Adhoc, non-recurring or recurring grant to an institution which is of an all India Character and its project and activities have been approved by the Central or State Government on such terms and conditions as it may deem fit to impose, (4) Such other grants as may be sanctioned by the Government from time to time. Rule.11. Procedure for Grant-In-Aid - (1) Any non-Government educational institution seeking grant-in-aid from the Government shall submit its application in the form prescribed in Appendix-IV to the concerned Director of Education latest by 30th September of the year immediately preceding the year in which the grant-in-aid 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 li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sanctioning authority if in its opinion the management has failed to satisfy or abide by any of the conditions or to comply with any of the provisions enumerated in these rules or to manage the institution efficiently, but before any such action is taken under this rule, the management shall be given an opportunity of showing cause against the charges levelled and action proposed to be taken against it. Rule.19. Appeal against Stoppage, Reduction or Suspension of Grant - The management may appeal to the State Government against an order of stopping, reducing or suspending the grant within two months from the date of the receipt of the said order. The decision of State Government shall be final." The relevant provisions of the Act, 1989 clearly envisage that all aided Institutions are recognized Institutions 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is an aided-Institution but aid was released upto 1989-90 and has not been released thereafter on account of lapse on the part of the then Principal who has not furnished the relevant documents and papers, as required to be furnished under the law but, as alleged that discrepancy was meeted out by the appellant-Institution and disciplinary action was also taken against the then Principal and they undertook several correspondence with the District Education Officer and forms were also submitted in meeting out the discrepancies and irregularities committed by the then Principal which has ultimately caused delay in audit of the same but the sanctioning authority did not pay any heed to their request and fact remains that there aid could not be released by the State Government so far after 1990 and that constrained 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-Insti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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