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1988 DIGILAW 912 (RAJ)

Prakash Chaturvedi v. State of Rajasthan

1988-12-19

G.K.SHARMA, S.N.BHARGAVA

body1988
S.N. BHARGAVA, J.—The petitioner is a Lecturer in Lal Bahadur Shastri College, Jaipur, which is receiving grant-in-aid from the Government of Rajasthan The petitioner has filed this writ petition by way of public interest litigation for and on behalf of a large number of college teachers who are employed in non-government colleges, whether receiving grant-in-aid from the Government or not. 2. D.B Civil Writ Petition No. 443/87 was filed on behalf of the Rajasthan University and College Teachers Association, which was decided by this Bench vide its order dated 16.12.1987. While allowing that writ petition, the following directions were given:— "In the result, this writ petition is allowed, with the observations made above. The teachers of the colleges receiving grant-in-aid are entitled to the same pay and allowances and service conditions etc. as are admissible to the persons employed in government colleges. It is expected that the Government will try its level best to see that such a legislation governing the non-government educational institutions is enacted at an early date." 3. By the aforesaid order dated 16.12.1987, it was declared that the teachers of the Colleges receiving grant-in-aid are entitled to the same pay and allowances and other service conditions as are admissible to the persons employed in government colleges and it was expected that the Government will enact a legislation governing the non-governmental educational institutions. But no such legislation was enacted nor any orders in compliance of this Court order were issued. Hence, this writ petition was filed on 28th June, 1988, for a direction to the State Government to provide for giving of allowance to the college teachers of the non government colleges receiving grant-in-aid, at par with those being paid to the staff of the government colleges. 4. Notices were issued to the State Government as to why this writ petition should not. be admitted and disposed of. Service was effected sometime in middle of August, 1988 and when the case came up for orders, the Government sought time to file a reply and one months time was granted but no reply was filed within one month and when the matter again came up for orders on 30th September, 1988, a request was made on behalf of the State Government that the case has been earmarked for the Advocate General and since, he had gone out of station, the present case may be adjourned. This request was opposed. After hearing the parties, an interim order was passed that the teachers of the Government aided colleges shall be paid the same pay and allowances as are admissible to the persons employed in government colleges from 1.10.1988. It was further stated therein that "before parting with the order, we shall like to express our displeasure that inspite of order of this Court dated 16.12.87, the Government has failed, in the budget session, to bring legislation on the subject, and as informed by learned counsel for the petitioner, the Government has no intention to bring out legislation even in this current autumn session. We still expect that the government will re-consider the matter and try to get this legislation passed in the current autumn session, if possible." 5. Meanwhile, an application was filed on 6.10.88 on behalf of the State Government for modifying the interim order passed by this Court on 30.9.1988. The case was listed by way of supplementary cause list and since nobody was present on behalf of the petitioner, the case was ordered to be listed for further orders on 1.11.1988. 6. The State Government filed reply to the writ petition on 31st October, 1988 and the matter was heard on 1.11.1988 and the order was reserved. 7. The Government in its reply has stated that the order of this Court dated 16.12.87 in Writ Petition No. 443/87 deals with the case of college teachers of non government colleges receiving grant-in-aid from the government and does not deal with the cases of teachers employed in colleges not receiving grant-in-aid. The State Government has produced Annexure R-l, order No. F. 11(16) Edu. Gr. V/88 dt. 6.8.88 which runs as under:— "Government of Rajasthan Education (Gr. V)Deptt. No. F. 11(16) Edu. Gr. V/88 Jaipur, dt. the 6th Aug. 88 Order Sub: Grant of Revised U.G.C. Pay Scales to the teachers of the Non Government aided Colleges/Institutions. The Governor has been pleased to order that the scales of pay for the teaching staff of the non-government aided educational colleges, who are drawing pay in the scales of pay prescribed vide this department order No. F. 3(19) Edu /Gr. 88 Order Sub: Grant of Revised U.G.C. Pay Scales to the teachers of the Non Government aided Colleges/Institutions. The Governor has been pleased to order that the scales of pay for the teaching staff of the non-government aided educational colleges, who are drawing pay in the scales of pay prescribed vide this department order No. F. 3(19) Edu /Gr. 111/77 dated 5.4.1978, in terms of this order may be revised w.e.f. 1.1.1986 as are admissible to the teachers of the Government colleges in accordance with Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules, 1988 issued vide Finance Department Notification No. F. 19(l) FD (Gr. 2)/88-T, dt. 3.6.88 (Copy enclosed). The pay in the revised scales of pay shall be fixed in the manner indicated in the aforesaid rules, Other provisions contained in these rules shall also be followed wherever relevant. The revision of the scales of pay as above shall be subject to the following conditions: — (1) The arrears for the period upto December, 1986 resulting from the revision of the pay scales shall be credited to the respective General Provident Fund Account of the employees. (2) Conditions prescribed in this department order No. F. 3(19) Edu/Gr. 111/77, dt. 5.4.1978, will be applicable, wherever relevant; and (3) Dearness allowance shall be admissible on the pay in the Revised Scales of Pay in terms of Finance Department Order No. F. 19(l) FD (Gr.2)/ 88-01 dated 3.6.88. This issues with the concurrence of Finance Department (Gr. 2) vide their I. D. No, 1305 dated 1/19 7.1988. End. 14 By order Sd/- (P. C. Jain) Special Secretary to the Govt." 8. Learned counsel for the State further submitted that the Government has acted after the order of this Court passed on 16.12-87 and now, in accordance with the aforesaid order, the pay and dearness allowance have been made payable w.e.f. 1.1.1986. They have further asserted that payment to the college teachers of non government aided colleges will be made as soon as the pay fixation work is done and submitted by the respective colleges to the respondent government. Since the fixation has not been done so far, the actual payment has not been made to the college teachers. They have further asserted that payment to the college teachers of non government aided colleges will be made as soon as the pay fixation work is done and submitted by the respective colleges to the respondent government. Since the fixation has not been done so far, the actual payment has not been made to the college teachers. The learned Advocate General has made a reference to Rule 4;b) of the Rajasthan Grant-in-aid to Educational and Cultural Institutions Rules, 1963 which provides only for the equivalence of pay and dearness allowance as revised, from time to time, and since there is no provision in the existing rules for payment of other allowances, like compensatory allowance etc. no orders could be issued in that regard, and in that connection, the Government has already introduced the Rajasthan Non Government Educational Institutions Bill, 1986 and the Rajasthan Legislative Assembly has referred the Bill to the Select Committee of the House, which had to be re-constituted and the matter is being considered by the said Select Committee. The Government cannot hurry up the matter till the Select Committee submits its report and the matter is considered by the legislature. It has further been submitted that since Annexure R-l has already been issued, no further directions are necessary from this Court. 9. We have heard learned counsel for the parties and have also gone through the record of the case. 10 A perusal of the order dated 16.12.87 in the earlier writ petition No. 443/87 Rajasthan University and College Teachers Association Vs. State of Rajasthan, shows that the petitioner in that case had sought a direction for grant of similar allowances including house rent allowance, travelling allowance, medical reimbursement, encashment of leave, provident fund, City Compensatory Allowance, Pension, gratuity, and other benefits which are given to the employees holding similar posts in the government colleges. In the discussion of the order also, it has been very specifically mentioned on the principle of equal pay for equal work, that the college teachers in the non government colleges, are entitled to the same pay and allowances as those employees in the government colleges. Merely because in the operative portion the words allowances and service conditions etc have been mentioned, it cannot be said that the teachers of the Colleges other than government colleges are entitled to pay and D. A. only. Merely because in the operative portion the words allowances and service conditions etc have been mentioned, it cannot be said that the teachers of the Colleges other than government colleges are entitled to pay and D. A. only. It is true in the Grant-in-aid Rules, 1963, as is existing today, it may be that the teachers are entitled to only dearness allowance and there is no mention regarding other allowances but in view of the observations of this Court in its order dated 16.12. 87, there remains no doubt that the college teachers of non government colleges, receiving grant in aid from the government are entitled to the same pay and other allowances and service benefits as the college teachers get in a government college. The order dated 16.12.87 passed by this Court has become final as it was not challenged in any superior court and the Government is bound by the same. In the order dated 16.12.87, a hope was expressed that the government will try its level best to see that such a legislation governing the non government educational institutions is enacted at an early date, and no particular direction was issued to the State in that regard as the Court was informed that the government had already moved such an enactment before the legislature. Even at the time of passing the interim order dated 30.9.1988 the Court was informed that the legislature was in Session during that period but the Government had no intention to get this legislation passed during that session. Therefore, it was mentioned in the order that the Court still expects that the government will reconsider the matter and try to get this legislation passed in the current autumn session, if possible. There was no such positive direction to the Government and therefore, no amendment was necessary in the interim order. Even this order would not have been passed if the State Government would have cared to file reply to the writ petition within one month as granted by this Court on 30th August, 1988. Since it was not in the notice of this Court that the legislature has referred the matter to the Select Committee, some observations were made in this regard in the interim order. Now. in the reply to the writ petition, it has been mentioned that the legislature has referred the matter to the Select Committee. Since it was not in the notice of this Court that the legislature has referred the matter to the Select Committee, some observations were made in this regard in the interim order. Now. in the reply to the writ petition, it has been mentioned that the legislature has referred the matter to the Select Committee. We again express our sentiments that the Government will take all necessary steps to see that such a legislation is enacted at an early date, of course, in accordance with law and after following the procedure. We are glad that the government has at least passed order on 6.8.1988 by which it has been ordered that the scales of pay to the Teaching Staff of the non-government aided educational institutions who are drawing pay in scales of pay prescribed under the order dated 5.4.87, should be revised w.e.f, 1.1.1986 as are admissible to the teachers of the government colleges in accordance with the Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules, 1988. We further direct that the government will see that fixation of pay and all allowances as referred to herein above and conditions of service with regard to all the college teachers of non-government colleges be made as early as possible and not beyond 31.3.1989 and that payments be also made thereafter not later than 30.5.1989. We further direct, if necessary, Grant-in-Aid Rules, 1963 be also amended well in time. 11. The writ petition is allowed in the aforesaid terms without any order as to costs.