RANJANA TANDON Vs. BHEL EDUCATIONAL SOCIETY

JUDGEMENT

(1.) HEARD Mr. Udayan Nandan, learned Counsel for the petitioners, Mr. Santosh Kumar, holding brief of Mr. K.N. Misra, learned Counsel appearing for the Bharat Heavy Electrical Ltd. (in short, BHEL) and Mr. H.N. Pandey, learned Counsel for the Central Board of Secondary Education (in short, CBSE). This writ petition has been filed by the teachers of an institution established under a society created by BHEL at Jhansi. They have come up praying for enforcement of their rights to receive the benefits arising out of the Sixth Pay Commission Report (in short, the Pay Commission).

(2.) MR . Udayan Nandan submits that since the benefits of the Pay Commission have been extended to the employees and teachers of some institutions that have been established by BHEL; as such, there is no reason to discriminate the petitioners in this matter. He further contends that these benefits are even otherwise are admissible as the institution in question is affiliated to the CBSE, where also the terms of affiliation mandate public sector undertakings to extend such benefits.

(3.) THE respondent -BHEL has taken a preliminary objection to the maintainability of the writ petition on the ground that the institution is a privately -managed institution and, being affiliated to the CBSE, its employees cannot maintain the writ petition. His submission, therefore, in short, is that the writ petition, being not maintainable under Article 226 of the Constitution, deserves to be dismissed.