GYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners were working as motivators in the Scheme of Jan Shikshan Nilayam sponsored by the Ministry of Human Resource Development, New Delhi, under the Nehru Yuva Kendra for social education activities for spread of general awareness, eradication of illiteracy, removal of exploitation among women and weaker sections. They were under the control of Regional Director for Haryana region, petitioners were being paid monthly stipend of Rs.200.00 and Rs.125.00 towards library expenses. the respondent issued two memos bearing Nos.5099/NYKD/92 dated 23.6.92 and 5096/NYKD/92-93 dated 23.6.92 anc closed the various kendras which were being run under the said scheme and discontinued the engagements of the petitioners. It is the claim of the petitioners that the said memos are illegal and arbitrary and their services are terminated illegally and arbitrarily. According to them, as they had formed the Zilla Parerak Association and had made a demand for the pay scale of Rs-1400-2600 and other consequential benefits in September 1991, their services were terminated. They have come before this Court for quashing the memos dated 23.6.92, by which their services are terminated and for reinstating them and to direct the respondents to pay them in the pay scale of Rs. 1400-2600.

(2.) It is contended on behalf of the respondents that the petitioners were never in any employment. The Scheme of Jan Shikshan Nilayam in which they were engaged was started in November 1988 in order to instutionalise post literacy and continuing education for providing classes, libraries, training programmes, sports and other activities established in rural areas which are deficient in these facilities. The social workers who we willing to participate in such a scheme were being put in charge of Jan Shakshan Nilayam were known as Pareraks and there was no payment made to them by way of pay or wages. A Parerak had a job of few hours in a week and he was being paid a fixed honararium of Rs.200.00 per month. Pareraks are socially spirited persons who volunteer to served the society without any benefit to themselves. They are not in any way the employees of Nehru Yuva Sanghthan and, therefore, there is no question of termination of their services. According to them the petitioners were never employed or appointed in the service of the respondents and the centres which they were running were decided to be closed and have been closed and the said closure is neither illegal nor arbitrary and, consequently, there is no infringement of any legal or statutory rights of the petitioners. Thus, they contended that the present petitioners' petition is misconceived and the same is not tenable, as has been held by the High Court of Judicature of Rajasthan in CW.6439/91 titled Rajender Singh & others Vs. Nehru Yuva Kendra and Others decided on 12.5.1992.

(3.) It is an admitted fact that the present petitioners were not appointed, in pursuance of any advertisement or on account of any regular post available with the respondents. The respondents have produced the booklet issued regarding running of these centres-known as Jan Shikshan Nilayam and the functions of the said centre are mentioned in para No.8 of the said bookled, which read as under: