[2025:RJ-JP:34059] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1329/2003 Gulab Chand Sharma S/o Shri Devi Lal Sharma, Near Kunwar Lal House, Hanuman Nagar, Bihari Ganj, Ajmer, Rajasthan. ----Petitioner Versus 1. Managing Committee of Shri Sumati Shiksha Sadan Secondary School, Ranawas, Distt. Pali Through Secretary. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Rajasthan Non-Government Educational Institutions Tribunal through its Presiding Officer. ----Respondents For Petitioner(s) : Mr. Chiranji Lal Saini For Respondent(s) : Mr. Devansh Sharma, Dy. GC HON'BLE MR. JUSTICE MANEESH SHARMA Order 27/08/2025 1. The instant writ petition has been filed on behalf of the petitioner against the order dated 01.07.2002 passed by the Rajasthan Non-Government Educational Institutions Tribunal in application No.44/2001, whereby the learned Tribunal directed the Secretary of the respondent-School to provide arrears of the benefit of selection grade to the petitioner subject to the Limitation Act, 1963, and declined to award benefit of arrears of the benefit of selection Grade to the petitioner with effect from the date of entitlement. 2. During the course of the argument, counsel for the parties were in agreement that the controversy involved in this petition has already been set at rest by a Co-ordinate Bench of this Court in the matter of I.K. Goyal vs. Rajasthan Non-Government Educational Institutions Tribunal, Jaipur & Ors. reported in [2025:RJ-JP:34059] (2 of 3) [CW-1329/2003] (2009) 2 WLN 167 decided on 02.03.2009. Counsel submits that the instant petition be disposed of in the light of similar directions issued in the case of I.K. Goyal (Supra). 3. Heard and considered the submissions made at bar and perused the material available on record, as well as the order passed by Co-ordinate Bench of this Court in the case of I.K. Goyal (Supra). 4. Since the controversy involved in this petition has already been set at rest in the case of I.K. Goyal (Supra) wherein after a detailed examination of facts and law, the Court issued the following directions:- "In the light of the aforesaid discussion, both the writ petitions are allowed. The impugned judgment of the Tribunal dated 19.03.2002 to the extent it has denied the benefit of selection scale to the petitioners for the period earlier than those years and the view taken by the Tribunal that the Limitation Act applies in the proceedings before the Tribunal under Section 21 is held to be illegal and the petitioners are held entitled to benefit of selection scale for the period which become due from 25.01.1992. The order of the Tribunal stands modified accordingly." 5. Therefore, the present writ petition is decided in the light of the direction given by the Co-ordinate Bench of this Court in I.K. Goyal (Supra). Accordingly, the impugned order passed by the learned Rajasthan Non-Government Educational Institutions Tribunal in application No.44/2001 dated 01.07.2002 to the extent it has denied the benefit of selection scale to the petitioner for the period earlier than those years and the view taken by the Tribunal that the Limitation Act, 1963 applies in the proceedings before the Tribunal under Section 21 is held to be illegal and the petitioner is [2025:RJ-JP:34059] (3 of 3) [CW-1329/2003] held entitled to benefit of selection scale for the period which become due from the date of entitlement. Thus, the impugned order of the learned Tribunal stands modified accordingly. 6. In view of above, the present writ petition stands allowed and the order of the learned Tribunal stands modified accordingly. 7. Stay application as well as pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-19