KHANDELWAL VAISH KENDRIYA SR. S. Vs. RADHEY SHYAM

JUDGEMENT

(1.) INSTANT intra -court appeal has been filed assailing order of learned Single Judge dt. 06.03.1998 directing to pay all retiral dues to the respondent (teacher) who stood retired from service on 31.03.1988 much prior to Rajasthan Non -Government Educational Institutions Act, 1989 ("Act, 1989") came into force w.e.f. 01.01.1993 and the Rules, 1993 framed pursuant thereto came into force w.e.f. 01.04.1993 extending principle of equal pay for equal work enshrined u/Art. 39(d) of the Constitution. It will be relevant to note that two writ petitions came to be decided by the learned Single Judge vide common order dt. 06.03.1998 and special appeal bearing no. 727/1998 arising from writ petition -566/1988 came to be dismissed as withdrawn vide order dt. 25.01.2008 on the compromise being arrived at between the parties.

(2.) THE facts in brief which are relevant for the present consideration are that the respondent employee joined as a teacher in the aided educational institution on 03.08.1951 and stood retired from service on 31.03.1988 and indisputably at the relevant point of time his service conditions were being regulated by the Rules For Payment Of Grant -In -Aid To Non -Government Educational, Cultural and Physical Education Institutions In Rajasthan, 1963 ("Rules, 1963"). However, after he stood retired from service from the aided educational institution, the State Government enacted the Act, 1989 which was notified and came into force w.e.f. 01.01.1993 and the Rules, 1993 framed pursuant thereto came into force from 01.04.1993. However, it was not the case of the employee that the service conditions which were being governed by the Rules, 1963 during the period of his service or thereafter, the benefits flowing thereof in any way was withheld by the appellant institution, however, his grievance was that after he stood retired from service prior to the Act,(1989 came into force, still on the basis of the principles of equal pay for equal work, being teacher, he was entitled to all such retiral benefits to which a teacher is entitled for under the scheme of Rules, 1993 which came into force w.e.f. 01.04.1993.

(3.) HOWEVER , the learned Single Judge after taking note of the submissions and the material which came on record observed that a teacher constitute a homogeneous class and merely because stood retired from service prior to the Act, 1989 came into force will not make him ineligible and there cannot be a logical distinction between the class of teacher and based on date of retirement on the basis of equal pay for equal work enshrined u/Art. 39(d) of the Constitution of India, he is entitled to the same retiral benefits to which one is entitled for retired after the Act, 1989 and the Rules, 1993 came into force w.e.f. 01.01.1993 and 01.04.1993 respectively.