TMI Blog1988 (10) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... ociety ) is a society registered under the Societies Registration Act, 21 of 1860. The main object of the Society, as available from clause 3(a) of the Memorandum of Association is: `to establish Sainik Schools in various parts of India, providing special school education of a high standard with the aim of preparing boys academically and physically for entry into National Defence Academy and other walks of life. With a view to implementing this object 18 schools located in different States of the country have been established. The petitioner has impleaded the Chairman and Members of the Board of Governors of the Society as respondents 1 to 6; Ministers of Education of the seventeen States as respondents 7 to 23 and Principals of the 18 schools as respondents 24 to 41 The petitioner has asked for a writ of mandamus to the Union of India as also respondent No. l: (1) to implement the recommendations of the Fourth Pay Commission in the Sainik Schools and to extend all the benefits already given to employees of the Kendriya Vidyalayas by way of implementing the recommendations of the Chattopadhya Commission; (2) to give to the employees of the Sainik Schools the different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... averment that the guideline of Kendriya Vidyalayas has to be adopted and the benefits admissible to the employees of such Vidyalayas should be extended to the employees of Sainik Schools According to the respondent, the Sainik Schools are of a different pattern; the historical background of their creation, the purpose for which they are founded and the other benefits which are admissible to the employees should also be borne in mind when considering the claim raised by the petitioner According to the respondents the claim based on the concept of equal pay for equal work PG NO 402 contained in Article 39(d) of the Constitution is misconceived inasmuch as unless the nature and the status of the service is the same there can be no equality. On behalf of the petitioner a rejoinder has been filed reiterating some of the averments in the main petition and meeting some of the pleadings in the counter affidavit of respondent No 1. During the pendency of this application, the Board of Governors decided to extend certain advantages and benefits to the employees of the Sainik Schools. Some of these benefits had been claimed in the writ petition. An affidavit has been filed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15. All employees who have retired by now before completing 60 years of age and have not yet attained the age of 60 years should be called back to duty and given postings. As we have already indicated, it is the contention of the petitioner that the Sainik School Society is `State' within the meaning of Article 12 and is accordingly amenable to claim and enforcement of fundamental rights. It is also to be guided by what is provided in Part 4of the Constitution by way of Directive Principles of State Policy. A Constitution Bench of this Court in Ajay Hasia Ors. v. Khalid Mujib Sehravardi Ors., [1981] 1 SCC 722 was considering whether a Society registered under the PG NO 404 Societies Registration Act of 1861 could be State within the meaning of Article 12. Bhagwati, J., as he then was, speaking for the unanimous Bench called out six tests from the judgment of this Court in International Airport Authority case (1979) 3 SCC489. Those tests are: (1) One thing is clear that if the entire share capital of the Corporation is held by Government, it would go a long way towards indicating that the Corporation is an instrumentality or agency of Government. (2) Where the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s attracted. Similarly under the Directive Principles--the claim for equal pay for equal work becomes tenable. The main plank for substantiating the petitioner's claim for relief is the allegation of discrimination founded upon the basis that the employees of the Sainik School Society though in every respect comparable to employees of K V.S. and the Central Government are not being given the same treatment K V.S. is a creation of the Government of lndia and is wholly financed out of the Central Exchequer Sainik School Society, as already pointed out, is not wholly funded by the Central Government. In fact substantial contribution for running the Sainik School comes from the funds of the State where the school is located. The Central Government's contribution is minimal The mode of funding is mainly through scholarship by the State payable to the students. It follows out of this fact that the employees of the Sainik School cannot be treated as Central Government employees-- nor can they be treated as at par with the employees of K V.S. They are a class by themselves and, therefore, the stand on the basis of Article 14 by pleading discrimination against the guarantee of equal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r most government employees. There is nothing unreasonable in this condition of service. There has been a switch over to pension and gratuity scheme with effect from 29.7.1988. The claim of the petitioner is that it should be with effect from. 1.1.1986. Keeping the mode of funding in view, we do not think the liability that would arise by ante-dating the benefit from 1.1.1986 can be conveniently met. We, however, see no reason why the benefit should be extended only from 29.7.1988, which is said to be the date of the decision. It should be made operative from 1st April, ]988, which is the commencement of the current financial year. We would accordingly direct that the pension and revised gratuity scheme should be made operative from 1.4.1988. PG NO 407 We see no reason to interfere in the matter of claim for medical reimbursement. The Society has extended the benefit of medical allowance which is a known form in respect of even government servants not covered under the C.G.H. Scheme. But here again the benefit should be operative from 1st April, 1988. Coming to the Leave Travel Concession advantage, the same should be available from 1st April, 1988, while permitting the visit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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