BASANT BALLABH JOSHI Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT.OF U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) The Special Appeal arises out of judgment of learned Single Judge dated 15.11.2007 in Writ Petition No. 18831 of 2000 B.B. Joshi v. State of U.P. and Ors. dismissing the writ petition on the ground that there is no policy decision, taken by the State Government for taking over 'Vikas Vidyalaya Ishwar Saran Ashram, Allahabad' and in the opinion of the Court, it is a pure policy decision of the State Government, whether or not to take over the institution itself and the Court cannot interfere in such matters unless there is violation of any statutory provisions or the action of the State Government is against the spirit and object of the Constitution.

(2.) Shri Ashok Khare, Senior Advocate appearing for petitioner-appellant submits that in the writ petition the main grievance of the petitioner was to quash the office memorandum dated 15.1.2000 rejecting petitioner's representation in pursuance to the directions of the High Court dated 2.9.1999 in Writ Petition No. 11317/1991 for giving same benefits to the petitioner as Principal of the institution for salary and pension as are available to teachers and employees of the State Educational Institutions. The petitioner had also prayed for directions to pay him provident fund, group insurance, pension after retirement, selection grade, revised pay scale as are payable to the teachers and other employees of the Government. The representation was rejected on the ground that the institution is being run by a private management. The State Government had dissolved the Committee of Management and has constituted a new Committee of Management for running the institution headed by the District Magistrate. The teachers and employees of the institution cannot be treated to be government employee nor there is any scheme under which the institution can be taken over by the State Government.

(3.) Shri Ashok Khare would submit that though the institution is a private institution, it is established on the land leased out by the State Government and is getting the grant from the Social Welfare Department of the State Government along with two other similar institutions namely 'Pragati Ashram High School, Balaganj, Lucknow' and 'Ashram Riti Vidyalaya, Saharanpur'. The entire salary and allowances are paid to the teachers and employees from out of the government funds. The petitioner, however, even after the supersession of the Committee of Management and taking over of the Committee of Management by a body with government nominees, is not being paid retiral benefits extended to similarly circumstanced staff. The denial of the said benefit is illegal, arbitrary and discriminatory. He would submit that the source, from which petitioner is getting his salary should not be a ground to discriminate him for the post retiral benefits. The appellant has retired serving as Principal of the school. He has not received retiral terminal benefits and pension as it is paid to other Principals of Government institutions.