Search Results Page
Search Results
1 - 7 of 7 (0.26 seconds)State Of Rajasthan vs Managing Committee, Dadhi- Mathi ... on 10 August, 2021
19. Considering the law laid by the Hon'ble Supreme Court in
Senior Higher Secondary School, Lachhmangarh and
Jagdish Prasad Saini (Supra) and the Rules, 1977 the
petitioners are entitled to get leave encashment, as such,
Respondent State is directed to grant leave encashment and
surrender leave to the petitioners, within 2 months from the date
of receipt of copy of the order, as per the maximum permissible
accumulation limit of earned leaves to the extent of 120 days to
the employees who have attained the permanency.
Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc on 4 February, 1993
23. While construing the provision under consideration,
it is to be borne in mind that interpretation of a
welfare legislation should be to promote education.
The service conditions of the employees of the aided
institutions are sought to be improved and brought
on a par with those in government educational
institutions to maintain educational standards. It has
also to be borne in mind that our Constitution-
makers have placed the field of education at a
higher pedestal and granted it a special status.
Various provisions of the Constitution deal with the
aspect of advancement of education. Primary
education has been held to be a fundamental right in
the decision of this Court in Unni Krishnan, J.P v.
State of A.P 1993 1 SCC 645 and this aspect still
holds the field despite the decision having been
overruled on some other aspects in T.M.A Pai
Foundation v. State of Karnataka 2002 8 SCC 481.
To improve education, various State Governments
grant aid to educational institutions and, by and
large, teachers of aided private schools deserve to
be treated on a par with teachers of government
institutions to the extent possible. The provisions of
these Acts deserve to be liberally interpreted in
favour of the teaching class except where statute
may compel otherwise. A statute of no other State
has been brought to our notice where similar benefit
has been denied to the teachers of the aided
institutions to improve education. The service
conditions of the teachers also deserve to be
improved."
The State Of Madhya Pradesh vs Ram Khailawan Singh Judgement Given By: ... on 10 October, 2013
8. He would refer to the judgment of the Hon'ble Division Bench of
Page 11 of 19
the Hon'ble High Court of Madhya Pradesh in case of State of
Madhya Pradesh vs Ram Khilawan Singh decided on
10.10.2013 and would submit that the Hon'ble Division Bench
has decided the issue and directed that the employees are
entitled to get benefit of encashment of 120 days of earned
leaves, therefore, State to extend benefit of encashment of 120
days earned leaves to them.
Ex Sep Pani Ram vs Union Of India And Others on 13 November, 2017
20. Evidently, these rules were framed to enable the
absorption of employees and teachers of non-government
aided institutions. What is relevant for the purposes of this
case is that by Rule 5(viii), carry forward of existing
privilege leave is denied; likewise, the period of service in
aided institutions is not to be reckoned for the purpose of
gratuity under Rule 5(ix). Every employee had to furnish
an undertaking in the prescribed form to accept the terms
and conditions. Ordinarily no public employer can be
faulted in imposing pre-conditions before it recruits an
employee. However, such conditions cannot be arbitrary,
or so onerous as to be unconscionable. In the opinion of
this court, the condition in clause (viii) of Rule 5 i.e., carry
forward of balance privilege leave, is barred and requiring
employees to seek encashment from their previous
employer, i.e., aided institutions, is an arbitrary and
unconscionable condition, which cannot be enforced.
Speaking that such conditions are enforceable, this court,
recently, in Pani Ram vs. Union of India & Ors. after
quoting the observations in Central Inland Water Transport
Corporation Limited & Anr. V Brojo Nath Ganguly and Anr
held as follows:
Article 14 in Constitution of India [Constitution]
T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors (With Other ... on 31 October, 2002
23. While construing the provision under consideration,
it is to be borne in mind that interpretation of a
welfare legislation should be to promote education.
The service conditions of the employees of the aided
institutions are sought to be improved and brought
on a par with those in government educational
institutions to maintain educational standards. It has
also to be borne in mind that our Constitution-
makers have placed the field of education at a
higher pedestal and granted it a special status.
Various provisions of the Constitution deal with the
aspect of advancement of education. Primary
education has been held to be a fundamental right in
the decision of this Court in Unni Krishnan, J.P v.
State of A.P 1993 1 SCC 645 and this aspect still
holds the field despite the decision having been
overruled on some other aspects in T.M.A Pai
Foundation v. State of Karnataka 2002 8 SCC 481.
To improve education, various State Governments
grant aid to educational institutions and, by and
large, teachers of aided private schools deserve to
be treated on a par with teachers of government
institutions to the extent possible. The provisions of
these Acts deserve to be liberally interpreted in
favour of the teaching class except where statute
may compel otherwise. A statute of no other State
has been brought to our notice where similar benefit
has been denied to the teachers of the aided
institutions to improve education. The service
conditions of the teachers also deserve to be
improved."
1