Nand Lal vs State of H.P. and Others

Kurian Joseph, C.J.—The petition is filed with the following prayers:

(i) That the respondents may kindly be directed to pay to the applicant the pay scale of a Craft Teacher on the analogy of equal pay for equal work right from the date of his appointment alongwith arrears and interest thereon.

(ii) That respondent No. 3 may kindly be directed to release the revised scale of Rs. 3120-5160 w.e.f. 1.1.1996 in favour of the applicant.

(iii) That the respondents may be directed to fix the pension of the applicant as per the revised scale and pay the same to him immediately after his retirement because the applicant is due to retire on 31.3.2001.

In para-1 of the reply, it is stated as follows:

The State Social Welfare Advisory Board is a subsidiary institution of Central Social Welfare Advisory Board which is working under the guidelines/directions of Central Social Welfare Advisory Board. The role of the State Government is to release the Grant-in-aid to State Social Welfare Advisory Board and to regulate the payment of Grant-in-aid released to respondent No. 3 for implementing various Welfare schemes/programmes as sanctioned by Central/State Boards. The Central Social Welfare Advisory Board and the State Government is releasing the grant-in-aid to the State Social Welfare Advisory Board in different ratio under different schemes. The respondent No. 3 is utilizing the grant-in-aid under various schemes as per the guidelines of the scheme. The State Welfare Advisory Board has an autonomous status and the employees working under the administrative control of the said institutions are governed by rules applicable to the Board. In the instant case it appears that the applicant is working a craft Master shawl weaving Training centre Baggi which is the under control of the said institution and has sought relief regarding pay scale of craft teacher. As submitted earlier that the staff of the Board is being governed by the rule and regulations of the Board itself and the State Govt. is not concerned with the functioning of the institution so far as the pay scales are concerned and respondent No. 3 is required to bear the financial liabilities of its employees.

In view of the stand taken in the reply as above and in view of the intervening developments, in case, the petitioner has still any grievance left, he may approach the 1st respondent, in which case, the 1st respondent will look into the matter and take appropriate action in accordance with law and justice within four months from the date of production of copy of this judgment alongwith copy of this writ petition by the petitioner.

The petition is disposed of, so also the pending application(s), if any.

The applicant does not fall within the zone of consideration under the recruitment and promotion Rules, which has been finalized by the govt. vide notification dated 23.9.96, copy annexed as Annexure R-1. Hence, the present original application is liable to be dismissed in limine. As per the recruitment and promotion rules, annexed R-1, only those workcharge Beldar and Helpers who are having.