IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 34316 of 1998 Between: 1 All India Association of Functionaries, of Shramik Vidyapeeth, (AIAFS) Vijayawada Regd. Body, Rep. by its Executive Secretary, Smt. Vidya Kanna 2 Smt. N. Vidya Kanna Director Shramik Vidyapeeth, Sharamik Vidyapeeth, Vijayawada. ..... PETITIONER(S) AND The Union of India Rep. by its Secretary, Ministry of Human Resources Development Shastri Bhavan, NEW DELHI - 1. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ, Order or direction in the Nature of Mandamus declaring the inaction on the part of the respondent in not considering the representations of the petitioner dt. 28.8.97, 1-1-98 and 24-10-98 and not granting revision of pay scales of the 5th pay commission to the members of the petitioner association, on par with the Central Government employees as arbitrary, illegal and violative of the fundamental rights guaranteed to the staff of the members of the petitioner association under Art. 14 and 16 of the Constitution of India and issue a consequential direction to the respondents to implement the 5th pay Commission's recommendations with respect to the staff of the SVPs from January 1996 as was done for the Central Government employees and pass Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 34316 OF 1998 ORDER: The All India Association of Functionaries of Shramik Vidyapeeths has invoked the jurisdiction of this Court seeking a direction against the Union of India to revise the pay scales of members of their association, who are employees of Shramik Vidyapeeths all over the State, in accordance with the 5th Pay Commission recommendations. Reference is drawn by Sri S. Sriram Reddy, learned Counsel for the petitioner, to the letter addressed by the Ministry of Human Resources Development, Government of India dated 09.11.1989 wherein it was informed that, with the approval of the Finance Division of the Ministry, the Government had decided to revise the scales of pay of the staff of Shramik Vidyapeeths in accordance with the 4th Pay Commission recommendations with effect from 01.04.1989. Reference is also drawn to the letter addressed by the Ministry to the Directors of all Shramik Vidyapeeths on 22.06.1984, wherein at clause 7, all Shramik Vidyapeeths were asked to adopt the central pay scales and allowances. The grievance of the petitioner is that, while the Shramik Vidyapeeths are funded entirely by the Government of India and the Vidyapeeths have been asked to follow the central pay scales, the central Government, which had earlier extended to them the benefit of 4th Pay Commission recommendations, had without justification, denied them the benefit of the pay scales in accordance with the 5th Pay Commission recommendations. While the submission of Sri S. Sriram Reddy, learned Counsel for the petitioner association cannot be said to be without merit nor can it be said that the grievance of the petitioner association is not well founded, one cannot lose sight of the fact that this Court would, ordinarily, not issue a mandamus to the Government to extend the benefit of pay scales, in accordance with the V Pay Commission recommendations, since these are all matters for the Government, in its wisdom, to decide. Sri S. Sriramreddy, learned Counsel for the p, would point out that despite repeated representations made by the petitioner association, as early as on 20.08.1997, 04.09.1988, 24.10.1988 etc., no action has as yet been taken by the Government in this regard. The petitioner is entitled to know whether or not the Government intends extending them the benefit of the 5th Pay Scale recommendations and cannot kept uninformed for more than a decade I consider it appropriate, therefore, to direct the first respondent to examine the issue whether the 5th Pay commission recommendations should be extended to the Staff of Shramik Vidyapeeths and take a decision in accordance with law. Since the matter has been hanging undecided for more than a decade, it is appropriate that the first respondent be directed to take an informed decision within three months from the date of receipt of a copy of this order. In case the first respondent decides to extend the said benefit, the staff of the Shramik Vidyapeeths, (members of the petitioner association), shall be paid the amounts thereunder within three months of a decision being taken. In case the Government is not inclined to extend the benefit, then its decision shall be communicated to the petitioner association within the aforesaid period of three months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. _______________________________ Date: 21.02.2008 RAMESH RANGANATHAN, J MRKR To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PRASAD}