A bench of Justice RF Nariman and Justice BR Gavai has closed the contempt case against the officials of the state education department for non-compliance with the 2019 order directing them to refund 70 per cent of teachers ’salaries.
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The bench noted that the school management trust has since paid Rs 52.26 lakh as per the Sixth Pay Commission to the teachers of the institution and as per the court order, the state has to repay the institution with 70 per cent of the amount. “There is 70 per cent left which is Rs 41.85 lakh. This state has to do it within four weeks. Stay off the contempt petition. We have made this order so that there is full justice between the parties,” it said.
Advocate Dushyant Parashar, appearing for the Managing Committee Biswambhar Lal Maheshwari Education Foundation’s petitioner trust, told the court that the state government was still not complying with the apex court’s order of 201.
He said the order dated September 30, 2019 was passed by the apex court while exercising full powers under Article 142 of the Constitution and the state must abide by it.
The bench noted in its 2019 order that the state government must comply with its directions within four weeks.
In May, the Supreme Court issued a notice to state government education officials seeking their answers as to why no contempt action was being taken against them for disobeying the 2019 order, ordering a refund of 70 per cent of teachers’ salaries to a government-aided school that closed in 2011. .
It said state government officials did absolutely nothing and sought their response to the contempt petition filed by the trust, which operated a school.
Parashar had earlier argued that even after giving legal notice to the state government in September-September, 2020, the directive dated September-September, 2018ated was not followed.
He argued that another legal notice was issued to the state government to comply with the order dated March 12, 2019 but they were “intentionally” and “intentionally ignored”, “disobedient” and did not comply with the order.
The apex court issued the order on September 30, 2019 while exercising full powers under Article 142 of the Constitution and said, “Our view is that the institution needs to be reimbursed 70 per cent. Which has been paid as per our order dated May 10, 2016.”
It directed the Rajasthan government to comply with its order within 12 weeks from the date of the order.
The apex court also recorded the affidavit filed by the trust, which directed the school to pay the full salary of the teachers as per the order dated May 10, 2016 as per the Sixth Pay-Commission and then reimbursement from the state government.
It also referred to another judgment issued in 2016 regarding teachers of the same school where it directed the school management to pay 100 per cent of their liability towards salaries and the remaining 70 per cent to the government. Providing their grants.
The Supreme Court directed the state government to exploit the teachers of the same school, who were before the court, in the state service.
On May 10, 2016, the apex court directed the trust to comply with the high court’s directive regarding payment of teachers concerned within six weeks of the order.
The trust, which was an aided institution under the provisions of the Rajasthan Private Educational Institutions Act, 1989, received 70 per cent grant from the state government.
The application said that due to the significant reduction in the strength of the students as well as overcoming the deficit, the managing committee of the school was forced by the state government to stop the grant from April 1, 200.
The teachers of the school then approached the High Court for payment of arrears and selection scale, which directed the school management to pay their full salaries from April 1, 200 to April April, 2011.
This has given the school management the freedom to demand grants from the state government.
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