MAKANMI KENGOO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr. JL Sarkar, learned Counsel assisted by Mr. SN Tamuli, learned Counsel appearing for the Petitioners. Also heard Mr. SC Shyam, learned Central Government Counsel ('CGC' for short) appearing on behalf of the Respondents.

(2.) The Petitioners, 89 in number, are employees (teaching and non-teaching) of Assam Rifles Public School ('ARPS' for short), Laitkar, Shillong. They have moved this Court by filing the instant writ petition with a prayer for issuing writ in the nature of mandamus and/or certiorari or any other appropriate writ or order or direction to the Respondents to implement the recommendations made by the 6th Central Pay Commission ('CPC' for short) in respect of Pay and Allowances w.e.f. 01.01.2006 in ARPS and to pay the emoluments to the Petitioners, accordingly, along with increased Dearness Allowance from July, 2009 in terms of the recommendations of 6th Code of Civil Procedure, payment of which have been withheld after June 2009 with arrears of pay and allowances w.e.f. 01.01.2006 and fixation of pay w.e.f. 01.04.2008 with arrears and grant other service benefits including retirement benefit at par with civilian employees of Government of India and employees of Kendriya Vidyalaya Sangathan ('KVS' for short) as well as Jawahar Navodaya Vidyalaya ('JNV' for short).

(3.) The Petitioners pleaded case is that ARPS was established in the year 1980 and is affiliated to the Central Board of Secondary Education ('CBSE' for short). Assam Rifles has pervasive financial and administrative control over ARPS as the main source of funding the institution, land, building, salaries of employees is made from Assam Rifles through grants, subsidy, etc. It has been stated by the Petitioners that ARPS is governed by "Assam Rifles Public School Rules" and due to pervasive financial and administrative control of Assam Rifles, the institution, i.e. ARPS is an authority within the meaning of Article 12 of the Constitution of India, catering to the needs of public interest of education.