Constitution of India, 1950 , Art. 12, Art. 14, Art. 226 – “whether the employees of WALMI (Water and Land Management Institute), which is an independent autonomous entity registered under the Societies Registration Act, are entitled to the pensionary benefits on par with the State Government employees?” – Whether the employees of the board/societies, who are autonomous bodies can claim parity in the pay-scale and/or other benefits which may be available to the Government employees – Employees of the autonomous bodies cannot claim, as a matter of right, the same service benefits on par with the Government employees – Merely because such autonomous bodies might have adopted the Government Service Rules and/or in the Governing Council there may be a representative of the Government and/or merely because such institution is funded by the State/Central Government, employees of such autonomous bodies cannot, as a matter of right, claim parity with the State/Central Government employees – This is more particularly, when the employees of such autonomous bodies are governed by their own Service Rules and service conditions – The State Government and the Autonomous Board/Body cannot be put on par – Court should refrain from interfering with the policy decision, which might have a cascading effect and having financial implications – Whether to grant certain benefits to the employees or not should be left to the expert body and undertakings and the Court cannot interfere lightly – Granting of certain benefits may result in a cascading effect having adverse financial consequences – it is ultimately for the State Government and the Society (WALMI) to take their own policy decision whether to extend the pensionary benefits to its employees or not – The interference by the Judiciary in such a policy decision having financial implications and/or having a cascading effect is not at all warranted and justified
read HERE 2022 SCeJ 71
State of Maharashtra V. Bhagwan, 2022 SCeJ 71
