KAUSHAL KISHORE PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application has been filed by the employees of the Bihar State Social Welfare Advisory Board, Patna (hereinafter to be referred to as the State Board). The petitioners have prayed for issuance of a writ of mandamus commanding the respondents to grant them the scale of pay with effect from 1-4-1981 in accordance with the recommendations of the 4th Pay Revision Committee. The petitioners have also prayed for quashing the decision of the State Government contained in letter No. 3/G 1 = 109/K = 2441, dated 14th March, 1985, by which it has been decided that the employees of the State Board will be entitled to the revised pay scale only with effect from 1st April, 1983. This letter is Annexure-3/2 to the writ application.

(2.) Keeping in view the recommendations of the planning Commissioner, the Government of India constituted Central Social Welfare Board in the year 1953 (hereinafter to be referred to as 'the Central Board'). It was constituted with the object to provide assistance and guidance to Voluntary Social Welfare Organisations in consolidating and improving their social Welfar activities. The Central Board after its constitution took up a large number of Welfare Extension Projects which included Women's and children's welfare projects as also the welfare projects of juvenile delinquents and the handicapped. Inspired by the activities of the Central Board, the State Government also, in consultation and pursuant to an agreement with the Central Board, constituted the Respondent State Board. A declaration to this effect is contained in the Government decision dated 1st December, 1954 expressed in the name of the Governor where in it has been declared that "the Government of Bihar have decided to constitute a non-official Board to be known as the Bihar Social Welfare Advisory Board. This declaration in Para 2 also contains the names of the Chairman and the Members of the Board which were decided with the approval of the Central Board. This decision is contained in Annexure-'B' to the counter affidavit. Rules governing the composition and functions of the State Board have been filed as Annexure '8' to the writ application. These rules, apart from laying down procedures for composition of the State Board, also provides for functions of the State Board, mode of operation of its bank accounts, powers of the Board and provisions with regard to budget. Rule 4 provides that the office bearers of the Board shall be the Chairman, Vice-Chairman and Treasurer. Under Rule 3 (v) the Chairman is appointed by the mutual agreement between the Chairman, Central Board and the State Government. Under Rule 4 the Vice-Chairman of the Board is to be selected by the State Board from among its members The treasurer of the State Board has to be appointed by the State Government from among its official members. Rule 9 provides that the Board shall maintain a current account with the State Bank of India or with any scheduled Bank. All the receipts of the Board are to be paid into the Board's Bank account and no amount can be drawn from this account except on cheques signed by any of the two out of aforesaid three office bearers. Rules 10 and 12 deal with the powers of the Board and its budget. These two rules read as follows:

(3.) From a bare reading of Rules 10 and 12, quoted above, it is clear that so far as its employees except the Secretary is concerned, the State Board has the full competence to appoint employees on the posts sanctioned by the Central Board on such terms, which are approved by the Central Board. But as per clause (ii) of Rule 10 the relevant Service rules of the State Government will be applicable to the employees of the State Board in respect of promotion, degradation and dismissal, which can be exercised by the appointing authority of the State Board, Rule 12 (1) inter alia, prescribes that the State Board shall seek approval of its budgetary estimates. It further provides that the expenditure incurred on the establishment of the office of the State Board will be shared equally by the Central Board and the State Government."