Non-implementation of the recommendations of a commission, as approved by the government, can be violative of constitutional provisions and may lead to a court directive for compliance.

1. - Present petition is filed for seeking writ, order or direction praying the following reliefs:

(i) By an appropriate writ, order or direction the respondents may be directed to implement the Report of the Ben Commission for the Aeromodelling instructors in the State of Rajasthan.

(ii) By further appropriate writ, order or direction the respondents may be directed to give pay scale to the Aeromodelling Instructors employed in the State of Rajasthan equal to the Aeromodelling instructors employed in the State of Andhra Pradesh and Manipur.

(iii) By further appropriate writ, order or direction the respondents may be directed to give higher pay scale to the petitioners/Aeromodelling Instructors in the State of Rajasthan.

(iv) The directions may be further issued to get further promotion avenues for the Aeromodelling Instructors employed in the State of Rajasthan.

(v) That the direction may be issued to give the status of gazetted officer the Aeromodelling Instructors in the State of Rajasthan.

(vi) Any other appropriate order or direction which may be considered just and proper in the facts and circumstances of the case may be issued in favour of the petitioners.

(vii) Costs of the writ petition may be awarded in favour of the petitioners.

2. The petitioners by way of this joint writ petition submits that they are holding the post of Aeromodelling Instructors in the National Cadet Corps and are employees of the State of Rajasthan.

3. He further averred in the writ petition that Aeromodelling Instructors perform identical duties all over the country and there is absolutely no difference in the nature of duties assigned to Aeromodelling Instructors whether he is in one State or other State. The Aeromodelling Instructor of Rajasthan perform the same duties, which is being performed by Aeromodelling Instructor of other States.

4. The Aeromodelling Instructors are appointed by the State and their salary is also being paid by the State. For the appointment on the post of the Aeromodelling Instructor essential qualification prescribed by the Union of India and the duty assigned to the Aeromodelling Instructors also on all India basis.

5. The Aeromodelling Instructor in the State of Rajasthan has been recruited in the subordinate services whereas in many other states it is a state level service, which has been given gazetted rank.

6. The petitioners feeling aggrieved by the denial of wages equal to their counterparts in other States and further by denial of promotional avenues and gazetted rank. prefer this writ petition on the grounds that as the duty discharged by the petitioners are identical to the duties discharged by the similarly situated persons in other states and it is further submitted that the State of Rajasthan appointed a Commissioner under the Chairmanship of former Chief Justice, Shri B.P. Beri for recommending the pay scale to different categories of the employees in the State of Rajasthan and the Commission's recommendation was accepted by the State.

7. The Commission in its report also examined the pay scale of 1 Aeromodelling Instructors of other States and after reaching to the conclusion that the pay scale of Aeromodelling Instructors is less pursuant to the pay scale of Aeromodelling instructors employees in other States and made its recommendations for giving higher pay scale.

8. The Director General of N.C.C., Rajasthan also made its recommendation for higher pay scale in January 1992 and wrote a letter to the Dy. Secretary Finance (Rules), Government of Rajasthan for giving higher pay scale to the Aeromodelling instructors in the State of Rajasthan. The petitioners also raised the grievance on the stagnation as the promotional avenues are provided and the petitioners are entitled to get the promotion in the pay scale of Rs.1810-3230/-.

9. Per contra learned counsel for the State does not dispute this fact that the petitioners are the employees of State of Rajasthan and their service conditions are governed by the R