Managing Committee Sheikhupura And Another v. District Judge Exercising The Power Of Education Tribunal And Others
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1. CWP-14952-2023 MANAGING COMMITTEE SHEIKHUPURA KHALSA SENIOR SECONDARY SCHOOL AND ANOTHER ..... PETITIONERS
VERSUS
DISTRICT JUDGE EXERCISING THE POWER OF EDUCATION TRIBUNAL AND OTHERS .....RESPONDENTS 2.
CWP-15365-2023 MANAGING COMMITTEE SHEIKHUPURA KHALSA SENIOR SECONDARY SCHOOL AND ANOTHER ..... PETITIONERS
VERSUS
DISTRICT JUDGE EXERCISING THE POWER OF EDUCATION TRIBUNAL AND OTHERS .....RESPONDENTS "%,
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Present:
Mr. Ranjit Saini, Advocate for the petitioners.
Mr. Parveen Mehta, Deputy Advocate General, Haryana. Mr. Yatin Sardana, Advocate with Mr. Piyush Sardana, Advocate and Mr. Aakash Wadhwa, Advocate for respondent Nos. 2 to 7 in CWP-14952-2023 for respondent No. 2 in CWP-15365-2023 ******
!"#$%%&%' % The petition has been filed seeking a writ of certiorari quashing of the judgment dated 24.02.2023, Annexure P-3, passed by the
% Education Tribunal, Karnal, whereby the appeal filed by private respondents no. 2 to 7 was allowed, directing petitioner no.1-Managing Committee and petitioner no.2-School run by the Committee, to release the benefit of salary/ dearness allowance, and arrears on account of revision of pay scales, for three years preceding the date of presentation of the appeal. The School was being run as an aided institution, getting seventy-five per cent grant-in-aid from the State Government. The respondents were working in the School as Masters/Mistresses/Teachers/Chowkidars/Physical Training Instructors, having been appointed as such between 01.10.1985 to 01.08.1997, as per details given in first paragraph of the impugned judgment. Although the private respondents were performing their duties to the satisfaction of School authorities, they were not being paid regular salary along with dearness allowance and the revised pay scales, etc. 2.1.
On this account, they approached this Court by filing Civil Writ Petition No. 15600 of 2015 seeking the aforesaid benefits. Seventy-five per cent of the claimed benefits in the form of grant-in-aid to the School were later released to them by the government as stated in an affidavit to that effect before this Court. Accordingly, the petitioners were given liberty to approach the Tribunal for the remaining relief of twenty-five per cent of the salary and other benefits from the School Management with effect from July, 2012 till their absorption in Government service, i.e., 16.02.2018. Accordingly, the appeal was filed by the private respondents before the Tribunal claiming these benefits.
2.2.
The petitioners contested the appeal before the Tribunal by submitting that the benefits could not be given to the private respondents herein for paucity of funds. The Managing Committee did not have sufficient resources to run the School; it was closed after some time and the
' staff was absorbed in government service in terms of the Haryana Voluntary State Education Rules, 2017 (for short, 'the 2017 Rules'). 2.3.
Considering the pleadings and material brought on record by the parties, the Tribunal accepted the appeal, directing the petitioners herein to make the payment of due benefits. Since the appeal claiming the benefits from July, 2012 had been filed only on 15.01.2019, the private respondents were held entitled to the arrears for three years preceding the date of filing the appeal, vide the impugned judgment.
3.
Learned counsel for the petitioners has contended that School is not liable to make the payment of due benefits, as in terms of the resolutions passed by the Managing Committee dated 26.12.2015 and 29.02.2016, Annexures P-4 and P-5, respectively, it had already requested the State Government to discontinue seventy-five per cent grant, de-aid the School and take-over the staff. And
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13.
Now, it is to be seen whether the appellants are entitled for other benefits claimed by him or not? In this case, respondents school was aided school, but the financial condition of the school was deteriorating gradually and the school reached at the stage, where it was not possible for it to make payment of 25 per cent of its share to the employee and for that reason the school made request to the Government to de-aid the school in order to avoid liability of making payment of 25 per cent share. But before any decision was taken on the said representation, the Government issued Notification dated 09.08.2017, for absorbing the staff of the school. The notification dated 09.08.
2017 states that the Management shall be bound to discharge all the liabilities in respect of employees appointed to the Services for the period prior to date of their appointment under these rules. The mere appointment of employee in the service shall not absolve the management of the responsibility to clear the pending dues.
) respect of the previous services rendered to them. In view of above, it was duty of the School Management to make payment of arrears prior to the absorption of its employees by the Government of Haryana. The school authorities, in order to avoid its liability and in order to take benefit of situation, succeeded in obtaining affidavits from the employees, giving undertaking for not claiming arrears from the school. But the said undertaking of not be said to be voluntary act of employees, as the employees gave such affidavits in order to get themselves absorbed in the Government service and as such the appellants cannot be said to be estopped from claiming benefits. 14.
Further, it is to be seen whether the respondents school rightly made request for de-aiding school or not? Rule 62 of the Haryana School Education Rules, 2003 provides that in case any managing committee of existing aided schools desires to get it de-aided, it will have the liberty to do so after observing the following conditions, namely:
(a) The managing committee shall pass a resolution to this effect with at least two-third majority of the general body in the meeting convened for this purpose.
(b) It will be the responsibility of the such managing committee to meet the liabilities of staff for which they were getting grant-in-aid and the liability of the State shall be limited to the extent the benefits are admissible under the pension scheme as applicable from time to time.
The Managing Committee shall also move an application with the proposal of setting up of claims of the
: employees working in the school for de-aiding school to the Director and the Director shall pass order of de-aiding school after verifying the application as per rules. If the decision is not conveyed by the Director to the managing committee within a period of six months, it shall be deemed to have been de-aided. The grant-in-aid of the school shall be ceased from the date of application or any date specified by the Managing Committee. 15.
In this case, the school made request on 28.12.2015, with which letter dated 15.12.2015 was annexed, which certified that in the emergent meeting of the management of Sheikhpura Khalsa Senior Secondary School Karnal, on account of lesser strength of the student in view of the poor result of the school and on account of stoppage of donation and funds, has decided to get the school de-aided. 16.
As per rule 62 (2) of the Education Rules, 2003, the said resolution was to be passed by the two-third majority of the General Body in the meeting convened for that purpose and in this case meeting of General Body was not convened and it was only Management Committee, which resolved to get the school de-aided. As such the request for de-aiding the school was not made in accordance with rules and therefore, the school cannot shift its burden upon the Government.
17.
Counsel for the respondents also referred Rule 65 of the Haryana School Education, 2003, which is reproduced as under:
(2) Non payment of salary, gratuity, pension etc. by the managing committee to their employees for which the
= grant-in-aid was released to the concerned managing committee. It shall be lawful for the Director to pay, out of the aid payable to the aided school such sum of money as is found to be due to any employee from such school. 18.
Above provision does not state about arrears of pay. As per notification dated 09.08.2017, the Management was bound to discharge all the liabilities prior to the date of absorption of appellants in Government Service. Paucity of funds cannot be said to be a ground for declining the benefits. =
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(TRIBHUVAN DAHIYA) JUDGE 28.08.2024 Whether speaking/reasoned Yes/No Whether reportable Yes/No