Savitri Girls College, Ajmer And Ors vs Shakuntala Tanwar Shakuntala Tanwar And Ors

The Management, Savitri Girls College Ajmer has preferred Writ Petition No.4764/2000 assailing the order passed by the Rajasthan Non-

Government Educational Institutions Tribunal, Jaipur (hereinafter ‘Tribunal’) dated 16.5.2000 whereby the application under Section 21 of the

Rajasthan Non-Government Educational Institutions Act 1989 (hereinafter ‘the Act of 1989’) filed by the respondent â€" Shakuntla Tanwar

was allowed and the orders dated 12.10.1999 and 1.12.1999 whereby the recoveries were sought to be made from the respondent, were quashed and

set aside. Further directions were issued to return the amount recovered alongwith interest @ 12 % per annum.

The another Writ Petition No.3583/2000 has been preferred by Shakuntla Tanwar assailing the same order challenging the findings of the Tribunal

whereby the services of the petitioner was held to be continuous from 19.5.1989. The petitioner in the said writ petition has prayed that she should be

held entitled to senior scale w.e.f. 17.8.1990 instead of 19.5.1994 as granted by the Management, Savitri Girls College, Ajmer.

No one appears for Shakuntala Tanwar.

After considering the record and having heard the arguments advanced by learned counsel appearing for the parties, this court finds that the

Management has passed the impugned orders which were set aside by the Tribunal on the basis of the directions issued by the State Government. The

State Government was not impleaded as a party before the Tribunal nor it challenged the order dated 16.5.2000. Thus, this court finds that the

Management is only an implementing authority as it is an aided institution. It is ofcourse required to follow the instructions issued by the State

Government. However on perusal of the order passed by the Tribunal, this court finds that the Tribunal has examined the case on merits and found

that the applicant before it namely Shakuntala Tanwar was initially appointed as a Lecturer on 1.11.1982 for the session 1982-83 whereafter she was

appointed on temporary basis for each session. Her appointment as Lecturer was thereafter made on the pay scale of 700-1600 w.e.f. 16.8.1985.

Vide order dated 1.7.1991, her services were regularized by approval from the State Government. The case of the Management is that the services of

the Shakuntala Tanwar were found to be continuous from the order 19.5.1989 and the Tribunal has given a finding to the said effect prior to

19.5.1989. Her services for the broken period could not have been counted for the purpose of grant of senior scale under the career advancement

scheme. In view thereof, the Tribunal has proceeded to hold that Shakuntala Tanwar was entitled to grant of senior scale w.e.f. 19.5.1994 on

completion of 5 years of continuous service and the order of the State Government directing to make recoveries was wrongful.

This court also finds that so far as the Management is concerned, it cannot be said to be aggrieved of the order as the order is essentially setting

aside the Government’s order of directing recovery. Any recovery made by the Management on the basis of Government’s order therefore

was required to be set aside and the Management was required to reimburse the concerned Lecturer of the amount recovered. The State

Government, as noticed above, has not challenged the order of the Tribunal. Thus the State Government would be required to reimburse to the

Management the amounts as paid to the concerned Teacher in terms of the share of the State Government. Accordingly, the order passed by the

Tribunal dated 16.5.2000 is upheld. Leaving it open for the Management, Savitri Girls College, Ajmer to claim its dues as against the State

Government, the Writ Petition No.4764/2000 is filed by the Management, Savitri Girls College, Ajmer is dismissed.

As regards, the Writ Petition No.3583/2000 preferred by the petitionerâ€"Shakuntla Tanwar is concerned, this court finds from the perusal of the

order passed by the Tribunal that the petitioner claimed for grant of senior scale w.e.f. 1.7.1991 which has not been accepted on the basis of finding

of fact arrived at by the Tribunal. It is also further noticed that the petitioner has nowhere challenged either before the Tribunal or before this court the

order of confirmation and regularization of service w.e.f. 1.7.1991 which was placed on record. However this court finds that the services rendered

by the petitioner from 19.5.1989 were irregular and her services were broken in the said period of service. In the absence of challenge to the order

dated 1.7.1991 whereby the petitioner was appointed on regular basis from the said date alone, the relief as claimed by the petitioner before the

Tribunal as well as before this court, cannot be counted. It is only the continuous service which can be counted for grant of senior scale under career

advancement scheme.

In view thereof, the claim of the petitionerâ€"Shakuntla Tanwar is found to be misconceived. The petitionerâ€"Shakuntla Tanwar has been rightly

granted senior scale w.e.f. 19.5.1994.

Both the writ petitions are accordingly dismissed. All pending applications shall stand disposed of.

No costs.