Basant Ballabh Joshi vs State of U.P. and Others

Sunil Ambwani, J.—The Special Appeal arises out of judgment of learned Single Judge dated 15.11.2007 in Writ Petition No. 18831 of 2000 B.B. Joshi v. State of U.P. and Ors. dismissing the writ petition on the ground that there is no policy decision, taken by the State Government for taking over ''Vikas Vidyalaya Ishwar Saran Ashram, Allahabad'' and in the opinion of the Court, it is a pure policy decision of the State Government, whether or not to take over the institution itself and the Court cannot interfere in such matters unless there is violation of any statutory provisions or the action of the State Government is against the spirit and object of the Constitution.

Shri Ashok Khare, Senior Advocate appearing for petitioner-appellant submits that in the writ petition the main grievance of the petitioner was to quash the office memorandum dated 15.1.2000 rejecting petitioner''s representation in pursuance to the directions of the High Court dated 2.9.1999 in Writ Petition No. 11317/1991 for giving same benefits to the petitioner as Principal of the institution for salary and pension as are available to teachers and employees of the State Educational Institutions. The petitioner had also prayed for directions to pay him provident fund, group insurance, pension after retirement, selection grade, revised pay scale as are payable to the teachers and other employees of the Government. The representation was rejected on the ground that the institution is being run by a private management. The State Government had dissolved the Committee of Management and has constituted a new Committee of Management for running the institution headed by the District Magistrate. The teachers and employees of the institution cannot be treated to be government employee nor there is any scheme under which the institution can be taken over by the State Government.

Shri Ashok Khare would submit that though the institution is a private institution, it is established on the land leased out by the State Government and is getting the grant from the Social Welfare Department of the State Government along with two other similar institutions namely ''Pragati Ashram High School, Balaganj, Lucknow'' and ''Ashram Riti Vidyalaya, Saharanpur''. The entire salary and allowances are paid to the teachers and employees from out of the government funds. The petitioner, however, even after the supersession of the Committee of Management and taking over of the Committee of Management by a body with government nominees, is not being paid retiral benefits extended to similarly circumstanced staff. The denial of the said benefit is illegal, arbitrary and discriminatory. He would submit that the source, from which petitioner is getting his salary should not be a ground to discriminate him for the post retiral benefits. The appellant has retired serving as Principal of the school. He has not received retiral terminal benefits and pension as it is paid to other Principals of Government institutions.

We have considered the submissions of Shri Ashok Khare and learned Standing Counsel. From the counter affidavit of Mohd. Mustaq, District Social Welfare Officer, Allahabad filed in Writ Petition No. 18831 of 2000, we find that the school is running on 100% government grant provided by the Social Welfare Department to the Ashram pattern schools, since 1960 providing free residential education facility to the children of backward classes (''Vimukt Jati''). There are only three such schools run by the State Government on the same pattern namely ''Pragati Ashram High School, Balaganj, Lucknow'' ; ''Vikas Vidyalaya, Ishwar Saran Ashram, Allahabad'', and Ashram Riti Vidyalaya, Saharanpur''. All the three schools are run by the private management. The service conditions of the teachers and employees of these schools are not same as the service conditions of other teachers and employees of the Government institutions. The school at Allahabad has not been taken over by the State Government. The Committee of Management has been superseded, and that the Seven Member Committee constituted for running the institution is headed by the District Magistrate. The school does not get any government aid from the department of education nor the teachers and other employees of the schools are approved by the State Government. The teachers and employees were neither appointed by any process prescribed by the State Government nor their services were approved by State - authorities. The question of paying them salary or terminal benefits and pension equivalent to the teachers and employees of the government school, therefore, does not arise.

We have considered the reasons given by learned Single Judge in dismissing the writ petition and respective contentions and do not find any infirmity in the judgment. The appellant served and retired from a private institution funded by the Social Welfare Department as a Ashram Pattern School along with two other schools in the State. The institution continues to be a private institution. The petitioner was not appointed by the State Government nor his services were approved by any State authority. After the management of the institution has been superseded, the Seven-Member Committee headed by the District Magistrate is looking after the management by way of interim arrangement, which does not amount to taking over the institution by the State Government. The institution remains a private institution in which teachers appointed by the management are working and are receiving financial support from the Social Welfare Department. The petitioner is not similarly situate in employment as the Principal or teachers of the other government institutions or government aided institutions for being paid terminal benefits including pension.

The Special Appeal is dismissed.