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1995 Supreme(Guj) 111
Gujarat High Court
Judgename :K.R.VYAS
P.K.KHALSA - Appellant
Versus
GUJARAT STATE SOCIAL WELFARE ADVISORY BOARD - Respondent
CRI.M.A. 608 of 1994
Decided On : 02/16/1995
Headnote:Constitution of India, 1950 - Art. 12 - State - Definition - Criteria - Explained in detail.
[See Paras 14, 15 & 16]
Constitution of India, 1950 - Arts. 12 & 226 - State - Instrumentality of State - Respondent No. 1 State Social Welfare Board affiliated with Central Board - Set up to promote social welfare schemes in the State - Some nominees are of State Government and of Central Board - Grant is given by the State Government - But there is no direct or indirect control of the Government in the functioning of the Board - Held, the State Board is an autonomous body not covered under Art. 12 - Petition under Art. 226 is therfore, not maintainable.
The State Board was set up with the object of promoting the setting up of social welfare organisations in existence and for promoting additional organisations, wherever necessary, and affiliated with the Central Board and particularly in view of the fact that the Constitution of the Board suggests that even if some members are nominees of the State Government and the Central Board, the State Government has no control over the State Board in the policy matters and day-to-day management. Thus, except giving grant for cartain purposes, the State Government does not issue any directions nor is there any power reserved in the State in any resolutions to issue any such directions and, therefore, there is no direct or indirect control over the functions of the State Board. In my opinion, therefore, respondent No. 1 being an autonomous body getting grant from the State Government and the Central Board for certain specified purposes, it has no other nexus with the Government. It is, therefore, not possible to hold that the Gujarat State Social Welfare Advisory Board-respondent No. 1 is either an agency or an instrumentality of the State within the meaning of Art. 12 of the Constitution and since it is not a "State" the petition is not maintainable against it.
[Para 17]
Constitution of India, 1950 - Art. 226 - Petition against respondent Board Challenging freezing of pay-scale - Respondent Board (an autonomous body) is not State within the meaning of Art. 12 - Held, petition not entertainable.
It is held that respondent No. 1-State Board is neither an instrumentality nor an agency of the State within the meaning of Art. 12 of the Constitution and, therefore, the same is not amenable to the writ jurisdiction and, therefore, the petition itself is not maintainable.
[Para 21]
( 1 ) ). By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for quashing and setting aside the order at Annexure B dated 2-8-78 passed by respondent No. 1 Secretary Gujarat State Social Welfare Advisory Board (hereinafter referred to as the State Board) freezing the yearly increment of the petitioner and the order dated 17-9-80 Annexure H informing the petitioner that respondent No 4 Central Social Welfare Board (hereinafter referred to as the Central Board) was not agreeable to accede to the request of the petitioner to upgrade the post of Stenographer The petitioner has also prayed that the respondents he permanently restrained from reverting him from the post of Stenographer Grade-I to the post of Stenographer Grade-II
( 2 ) ). While issuing notice on the petition this Court on 9-3-1981 by way of had interim relief directed the respondents to pay to the petitioner D A. and usual allowances from February 1981 onwards and restrained the respondents from reverting the petitioner.
( 3 ) ). It appears that respondent No 1-State Board came into existence in the se year 1960 with the Government resolution No SWB-1560-F dated 1st May 1960 It further appears that the State Board is affiliated with the Central Board which was set up on 12th August 1953 by the Government of India Resolution giving predominant representation to non-officials (mostly women) The Central Board is a Company registered under Section 25 of the Companies Act 1956 The Central Board was set up with the objects inter alia promoting the setting up of Social Welfare Organisations in existence and for promoting additional organisations wherever necessary For achieving this object Statewise Social Advisory Boards have been created and they are affiliated with the Central Board It appears that the Central Board has sanctioned the following administrative set-up for the office of the State Board by its letter No. CEB/4/sb/dgt/60-8 1 dated 1st June 1960: Staff for The Gujarat State Board No. Designation Pay scale of of the post -- 1 2 3 -- 1 Office Secretary Rs. 350-25-500 plus DA 70 1 PA to Chairman Rs. 180-10-310-15-400 plus DA 55 1 Steno-typist Rs. 75-5140-8-220 plus SP 30 1 Accountant plus DA 45 Rs. 275-15-350 1 Office Assistant plus DA 60 Rs. 210-15-300 2 Senior Clerk plus DA 60 Rs. 120-10-250 4 Lower Div. Clerks plus DA 50 Rs. 75-5-140-8-220 2 Peons plus DA 45 Rs. 351/2-1/2-40 1 Driver plus 8 HR plus DA 40 Rs. 60-5-75 plus HR 5 DA 45
( 4 ) ). It is stated in the letter dated 1st June 1960 of the Central Board that the scales of pay of the members of the staff as indicated above have been sanctioned subject to the condition that these scales conform to those laid down by the State Government for similar posts. It is not in dispute that the State Board originally constituted in the year 1960 composed of 6 non-official members including the Chairman and two officers of the State Government. The State Government reconstituted the said Board by its resolution dated 20th July 1960 by appointing 9 non-official members including the Chairman and two officers of the State Government. Likewise the term of the Board was extended from time to time. However the State Government by its resolution dated 23-8- 78 extended the term of the Board till further orders. It is also not in dispute that when the term of the Board was extended by the last resolution till further orders there were 22 non-official members one non-official Chairman and four officers of the State Government.
( 5 ) ). The petitioner was appointed as Typist-cum-Clerk by the Chairman of the State Board on 2nd June 1960 in the pay scale of Rs. 75 He was thereafter promoted as Steno-typist by an order dated 25th October 1960 in the same pay scale plus a special pay of Rs. 30 and D. A. of Rs. 45. By an office order dated 29th December 1960 the petitioner was placed in the s
