MUNNI DEVI Vs. STATE OF U.P

JUDGEMENT

(1.) The petitioner, Smt. Munni Devi's deceased husband, Malkhan Singh, was a Class-IV employee with the District Rural Development Agency (for short, 'the DRDA') and last posted under the Project Director, DRDA, Budaun. He carried the designation of a Patra Vahak. He retired from service upon attaining the age of superannuation on 31/12/2012. Admittedly, the DRDA was a registered society, registered under the Societies Registration Act, 1860 (for short, 'the Act of 1860'). The DRDA was established under the aegis of the Government of India and the State Government as a professional agency to implement and carry out poverty alleviation schemes and programmes of the Ministry of Rural Development. The DRDA, no doubt, was a society entirely controlled and managed by the State with funds shared between the Government of India and the State Government in the percentage of 75 and 25. It would function under the control of the Zila Parishad and in the absence of the Zila Parishad, under the control of the District Magistrate. Later on, the control of the society passed on to the Chief Development Officer of the district, who would function as its ex officio President.

(2.) Though, entirely an enterprise of the State, but in character being a society essentially, registered under the Act of 1860, no rules were framed governing service conditions of its employees. These were, therefore, governed by a circular issued by the State Government on 17/3/1994.

(3.) According to the petitioner, salaries of the employees of the DRDA were revised in terms of the Sixth Pay Commission vide Government Order dtd. 29/7/2010 w.e.f. 1/1/2006. It is pointed out by the petitioner that the said Government Order granted revised pay scales with effect from 29/7/2010, but regarding the entitlement of arrears from 1/1/2006 to 28/7/2010, the decision was deferred to a later date.