Managing Committee, Shri Mahaveer Upper Primary School v. Smt. Sushila Jain W/O Shri Kapur Chand Jain
Case brief
What is this about?
gratuity; leave encashment; privilege leave; Payment of Gratuity Act 1972 Sections 2(q) 2(r) 4 4(1) 4(5) 7; Rajasthan Voluntary Rural Education Service Rules 2010 Rules 4 and 5 clauses (viii) (x) (xi); Rajasthan Non-Government Educational Institution Act 1989 Section 21; aided educational institution; grant-in-aid; absorption in Government service; termination versus superannuation; definition of retirement; Non-Government Educational Institution Tribunal; cross-examination; natural justice; summary adjudication; double payment; undertaking Form-II; Jagdish Prasad Saini 2022 INSC 1023; Mamta Gangwal D.B. Civil Special Appeal (Writ) 430/2019; Mahesh Kumar Sharma D.B. Special Appeal Writ 1758/2017; Bhilwara; Rajasthan High Court Jaipur; writ petitions disposed with directions
What did the court decide?
No relief to the petitioner-institution; the challenge to the Tribunal's award failed. All writ petitions disposed of with directions: (i) petitioner-institution to determine the amount of gratuity and leave encashment for the period the respondent-employees worked with it; (ii) gratuity and leave encashment to be accounted by the petitioner-institution to the extent of its grant-in-aid share, calculated and paid to the respondent-employees, with details sent to the State; (iii) the entire gratuity amount due for the period of institutional employment to be paid by the petitioner-institution; (iv) after payment, details to be sent to the State for needful action at the time of the respondents' retirement. Stay application and pending applications disposed of; no order as to costs.