SARDAR PATEL INSTITUTE EMPLOYEES UNION Vs. SARDAR PATEL INSTITUTE OF ECONOMIC & SOCIAL RESEARCH AND ORS

JUDGEMENT

(1.) THE petitioner, a registered Union, has filed the present petition under Article 226 of the Constitution seeking the following reliefs : (A) "Writ of mandamus or any other suitable writ in the nature of mandamus be issued against the present respondents and the Government Resolution dated 16.08.1994 by which the higher pay scale is made applicable by way of policy of 9 -18 -27 years of service be also made applicable to the members of the present petitioner -Union who are the employees on the administrative side of the respondent no.1 -Institute and the respondents be directed forthwith to calculate the benefits and remit the same to the individual members serving in the present respondent no.1 Institute."

(2.) IT is the case of the petitioner that it represents the administrative staff of respondent No.1 -Sardar Patel Institute of Economic and Social Research, which is an institution 100% aided by the State Government and receives 50% grant from respondent No.2 - State Government, and the other half of the grant is provided by the Central Government. The wage structure, according to the petitioner, is approved by the State government and it is the same as applicable to the staff of the Gujarat University. It is the further case that the pay scales approved by different Pay Commissions including Fifth Pay Commission are made applicable to respondent No.1 Institute.

(3.) LEARNED advocate Mr. M.B.Gandhi for the petitioners submitted that the members of the petitioner union stand on the equal footing with government employees and the employees of the other bodies and institutions, who are given the benefit under the Resolution. It is submitted by him that the members have been granted Fifth Pay Commission as per the Resolution dated 22.5.99. Their pay scales are approved by the State Government and are verified by the Education Department. Their pay scales are identical to the pay scales prevailing in the State Government for non teaching staff and that the posts in the institute are also approved by the Government. He, therefore, submitted that there was parity in all respect for entitlement of higher grade. He submitted that clause 3(31) of the Resolution dated 16.08.1994 provides as to whom the scheme of higher grade under the Resolution applies. The condition has to be uniformly applied to the employees of the respondent No.2 Institute and the members of the petitioner union are required to be given the benefit. It was submitted that exclusion of the members of the petitioner -union from the scheme, is arbitrary and based on irrational criteria.