7th Pay Commission: The bench noted its order of 2019 and said that the state government has to comply with its direction within four weeks.
The Supreme Court has directed the Rajasthan government to pay 70 percent of the salary of the teachers of the government aided school that closed in 2011 to them within four weeks.
A bench of Justice RF Nariman and Justice BR Gavai closed the contempt proceedings initiated against officials of the state education department for not complying with its 2019 order of payment of 70 per cent share of salary to teachers.
The bench said that the trust running the school has paid Rs 52.26 lakh to the teachers of the institute as per the Sixth Pay Commission and as per the court order, the state was to reimburse 70 per cent of this amount to the institute.
The bench said, “The state has paid 30 per cent of the total amount i.e. Rs 10.41 lakh to the institute. 70 percent of the total amount i.e. Rs 41.85 lakh is outstanding. The state has to pay it within a period of four weeks. The contempt proceedings are closed. We have made this order to do complete justice between the parties.”
Advocate Dushyant Parashar, appearing for the petitioner trust ‘Prabandhan Samiti Bishambhar Lal Maheshwari Education Foundation’, told the court that the 2019 order of the top court is still not being followed by the state government. He said the September 30, 2019 order was passed by the apex court exercising its absolute power under Article 142 of the Constitution and the state needs to comply with it.
The bench noted its 2019 order and said that the state government has to comply with its direction within four weeks.
In May, the top court had issued notices to the education officers of the state government, seeking their answers as to why contempt proceedings were not initiated against them for not complying with the 2019 order of payment of 70 per cent salaries to the teachers of the schools which were closed in 2011. to be done?”
As per the provision of Rajasthan Non-Government Educational Institutions Act 1989, an aided institution trust was receiving 70 per cent of the grant-in-aid from the state government. The petition said that due to steep reduction in the number of students as well as to overcome the deficit, the grant-in-aid was stopped by the state government with effect from April 1, 2008. The teachers of the school moved the High Court for payment along with the arrears, which had directed the school management to pay the entire salary from April 1, 2008 to April 30, 2011.
