Employee Of Aided Schools Can Directly Recover Grant In Aid From The State Government : Rajasthan High Court

A single judge bench of the Rajasthan High Court, comprising of Justice Sudesh Bansal held that the grant-in-aid can be sanctioned and paid directly by the State Government to the employees of the aided educational institutions. The Rajasthan Non-Government Educational Tribunal, Jaipur directed that for employee's dues against pay & allowances, arrears of salary on revision of pay-scale and grant of selection grades, leave encashment etc., the Institution was liable to pay 20% and the remaining 80% was to be borne by the State Government, being the amount of grant-in-aid. It was contended by the Institution that they were not liable to pay the interest on belated dues as due drawn statement for 80% payment in respect of each Employee was submitted before the State Government way back in the year 2016-17. Whereas it was contended by the Government of Rajasthan that even though the Institution, being an aided institution, is covered under the Rajasthan Non-Government Educational Institution Act, 1989 and the 1993 Rules, yet it is under legal obligation to prepare and send due drawn statement to the State Government, in respect of each Employee, which was not done. Further it was observed by the court that in respect of the liability to pay the interest on the remaining 80% dues of the Employee, it depends on the point whether the due drawn statement in respect of the employee had been prepared and forwarded by the Institution to the State Government in the year 2016-17.