A D JILLEWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of Constitution of India petitioners who are duly qualified Ayurvedic Lecturer/Professor working with respondent no. 3 college in Yavatmal Town seek parity in quantum of non practicing allowance with their counter parts in Government Establishment in that area. The parity in other service conditions is not in dispute.

(2.) Shri Gordey learned Senior Counsel in this background has invited attention to Government Resolution dated 15.10.1993 by which disparity has been introduced. He contents that petitioners have not disputed availability of reasonable differentia so as to constitute their counter parts in employment of State Government a separate and distinct class by itself as compared with petitioners who are in private employment. According to him the intelligible differentia so employed, however, does not have any link with the purported object in introducing classification. Learned Senior Advocate has read out Government Resolution dated 15.10.1993 to show that, to induce the qualified medical graduates to join employment in Government Medical Colleges at Dhule, Yavatmal and Nanded, non practicing allowance payable to them has been doubled. He also substantiates his contention by reading out para 4 and para 7 of the Return as filed by respondents 1 and 2. He contents that object of such inducement is to prompt the persons to join colleges in these three districts in Government employment. Thus need of such special treatment for said purpose is already recognized by Government and that need is applicable equally in case of private establishments. He contents that if the petitioners are given similar treatment with their employer, their employer will also get better talent or then such special treatment will induce petitioners and their colleagues to continue in these three districts. Learned counsel therefore states that need recognized by State Government is universal and cannot depend upon nature of employment i.e. public or private. He, therefore, contents that as the intelligible differentia utilized by respondents fails to meet the object behind such classification and the requisite link is missing, classification must be held to be violative of Article 14 of Constitution of India.

(3.) Learned AGP relies upon very same Government Resolution and Return to urge that the Government has taken a conscious decision insofar as its establishments are concerned. He contents that to induce government servants to join these three colleges by transfer, two special increments are sanctioned in advance by very same Government Resolution. According to him what has been extended is only by way of concession and service conditions as such remain unaltered.