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Showing contexts for: ncvt in Annamalai vs Saint John'S I.T.I Society on 21 September, 2021Matching Fragments
8.The learned counsel appearing for the first respondent relied upon the detailed counter affidavit filed by the fifth respondent specifically with https://www.mhc.tn.gov.in/judis/ W.P.(MD).Nos.1393 , 3438 of 2014 and W.P(MD)Nos.9913 and 9914 of 2013 reference to the fees collected from the students and the financial issues relating to the administration of the school with the pay structure recommended by the Government. It is also stated that the post in which, the petitioners are engaged, are not sanctioned posts and that they are only the management posts. It is now admitted before this Court that there are 28 teaching and non-teaching staffs working in the institution and out of 28 staffs in the institution, only 6 teaching staffs and 3 non-teaching staff alone are sanctioned and they are getting aid from the Government. It is also pointed out that even the salary for the 9 staffs sactioned are not fully paid by the Government. It is also contended by the first respondent that the expenditure on salary and maintenance is on the increase due to inflation and that the first respondent who has established the institution in rural and backward area, is unable to get exorbitant fees. Audit statement also projects the financial plight of the institution. It is not in dispute that the petitioners in these writ petitions are engaged in self financing courses in the first respondent. The appointment of the petitioners in these writ petitions, are purely contractual and there is no statutory right and hence the petitioners cannot claim any right in parity with the Government employees based on any executive orders of Government. When the institute is unable to meet the expenses, it is not for the petitioners who are posted in the un-sanctioned posts to claim pay as applicable to the Government employees. It is contended by the https://www.mhc.tn.gov.in/judis/ W.P.(MD).Nos.1393 , 3438 of 2014 and W.P(MD)Nos.9913 and 9914 of 2013 first respondent that it is impossible to implement the recommendations of the Government or NCVT, due to financial liability.
14.For the reasons stated above, this Court is fully convinced that the petitioners have no right to claim 2/3rd of the pay that is being paid as salary to the staff of the Government I.T.Is as per the recommendations of the NCVT. As a result, these writ petitions are dismissed. No costs.
21.09.2021 Index : Yes / No Internet: yes / No Ns https://www.mhc.tn.gov.in/judis/ W.P.(MD).Nos.1393 , 3438 of 2014 and W.P(MD)Nos.9913 and 9914 of 2013 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To