UNION OF INDIA Vs. SHANTI YADAV

JUDGEMENT

(1.) ARMY Wives Welfare Association (AWWF for brevity) is a voluntary and Non-Government Organization (NGO) established with an intention to carry out charity. It started a school for handicapped children of ARMY Personnel known as "Asha school". Some funding is provided to this school by the Ministry of Social Justice and Empowerment, Government of India (appellant herein). In this behalf, the appellants have issued guidelines in the year, 1999 which stated that DD Division of the Ministry has been administering four NGO Schemes, viz., "Scheme to Promote Voluntary Action Persons with Disabilities" (,,scheme in short) since 1992-93 and in order to broaden the objective of the Scheme and to make it in consonance with the provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 [hereinafter referred to as ,,Disabilities Act], all these Schemes have been merged into one umbrella scheme with effect from 20.1.1999. Some of the salient features of the Scheme are as under:

(2.) THEREAFTER, revised guidelines 2000 were issued with a view to incorporate certain aspects that the Ministry desired to address while realizing grants assistance to voluntary organization. Some of the salient features of the guidelines spelt out in the said Circular dated 21.6.2000 are as under:

(3.) THE learned Single Judge thereafter referred to the Schemes formulated by the Ministry which, inter alia, provides for grant-in- aid to the extent of 90% of the total expenses by the Ministry. THE learned Single Judge thereafter proceeded to answer the question as to whether the school was justified in denying the teachers and staff the benefit of recommendation of Fifth Pay Commission holding that it was not permissible. THE issue is discussed in the following manner: