STATE OF MAHARASHTRA Vs. HARI SHANKAR VAIDHYA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel on both sides.

(2.) 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.

(3.) The admitted position is that the 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 recommendations 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 institutions, i.e. Ayurvedic, Unani and Homeopathic colleges. By another Resolution dated July 29, 1983, they extended the benefit to the non-Government organisations 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.