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PETITIONER: STATE OF MAHARASHTRA & ORS.

       Vs.

RESPONDENT: DR. SHRI HARI SHANKAR VAIDHYA & ORS.

DATE OF JUDGMENT:       07/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  We have  heard learned  counsel on both sides.      These appeals  by special leave arise from the judgment of the Division Bench of the Bombay High Court, made on June 14, 1996  in writ  Petition  No.3508/92  and  writ  Petition No.2645/90.      The admitted  position is  that  respondents  are  the  teachers  working  in  Ayurvedic,  Unani  and  Homeopathic  private  aided   educational  institutions.   One  of  the  questions which  requires examination is: whether they are  eligible for pension and gratuity scheme on par with state  Government Civil  servants  under  the  Maharashtra  state  Government civil service (Pension) Rules, 1982 (for short,  the ’Rules’).  Admittedly, per  se, the Rules do not apply  to them.  Pursuant to the recommendation made by UGC , the  Government of  Maharashtra by its Resolution dated may 26,  1981 have adopted the uniform pay-scales being paid to the  non-teaching  staff   and  teachers   working   in   aided  educational  institution,   i.e.  Ayurvedic,   Unani   and  Homeopathic colleges, BY another Resolution dated July 29,  1983, they  extended the  benefit  to  the  non-Government  organisation on  par with  the  Government  organisations.  since the  Government have  not extended  the  benefit  of  pension and  gratuity scheme, a writ petition was filed in  the High court in that behalf. The High court has disposed  it of   in  the impugned  order. Thus,  these  appeals  by  special leave.      As regards the grant-in-aid, this is not in controversy and, therefore,  we need  not go into the question. The only question is:  whether the  respondents are  entitled to  the pension and  gratuity on par with Government servants ? Shri Mohita, learned senior  counsel appearing for the state, has contended that  in view  of the  huge financial  outlay, the Government has  been, in  a  phased  manner,  extending  the benefits from  time to  time and,  therefore, the  direction cannot be  given to tide down the hands of the Government to extend all  the benefits  to all  of them at a stretch. Shri D.A. Dave,  learned senior  counsel for  the respondents, on the other  hands, has  contended that  when the grant-in-aid

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and the  pension were  not being  extended to  the  teachers working in  the private  law colleges,  the High  Court  has given direction  to extend the benefit which was affirmed by this court in state of Maharashtra V. Manubhai Pragaji Vashi & Ors.  [(1995) 5  SCC 730]. Therefore, the same benefit may be extended  to them.  He also cited state of H.P.. v. H.P.. State Recognised  & Aided Schools Managing Committees & ors. [(1995) 4 SCC 507] wherein this court has directed to extend grant-in-aid  to   the  private  educational  institutions., middle-class and lower middle-class aided schools.      In  view   of  the  respective  contentions,  the  only question that  arises for consideration is: whether the High Court would  be justified  to grant the pension and gratuity scheme to  the teachers  working in the Ayurvedic, Unani and Homeopathic aided  institution issued  by  this  court,  the pension and gratuity scheme were extended to the Law College from 1995.  Whether the scheme could be extended or not is a question of an executive policy and the Court would not take the responsibility of directing the Government to extend the policy. Court  requires examination as to extend the policy. Court requires examination as to how the policy laid down is being worked  out .  It is  stated that since huge financial outlay  is  involved  in  extending  the  benefits  and  the Government is  not intending  to deny  the  benefit  to  the segment of  the teachers,  we appreciate  the stand taken by the Government.  The Government  is, therefore,  directed to consider extension  of the  benefit of  pension and gratuity scheme to  the teachers  working in the Ayurvedic, Unani and Homeopathic  aided   educational  institution  in  a  phased manner, as  was done  with  respected  to  the  other  aided institution.      The appeals are, accordingly, disposed of. No costs.