The main legal point established in the judgment is that the ex-gratia scheme is applicable only to the family of a deceased government employee and cannot be claimed as a matter of right by employees of privately managed affiliated colleges.

JUDGMENT

Karamjit Singh, J. - Appellant has filed this appeal against order dated 02.02.2021 whereby CWP No.22651 of 2020 (O&M) filed by the appellant was dismissed by the learned Single Judge.

2. The facts relevant for the disposal of this appeal are that:-

3. That the appellant, which claims to be representing the cause of all the Non-Teaching employees of the Govt. aided private colleges in Haryana, invoked the writ jurisdiction before the learned Single Judge with the following prayers:-

"i. Issuance of a writ in the nature of mandamus directing the respondent to extend the benefit of the ex-gratia scheme to the employees of Govt. Aided Colleges issued vide notification dated 02.08.2019 (Annexure P-8) with the all consequential and retrospective benefits of previous scheme issued by the State of Haryana for grant the compassionate assistance by way of ex-gratia financial assistance on compassionate grounds to the family of the deceased Govt. employee who dies while in service, since the employees of the Govt. Aided colleges are also the employees of Govt. of Haryana as per the provisions of Article 12 of the Constitution of India and further 95% grant in aid is also given by the Govt. of Haryana and therefore entitled for the same benefits which are being given to the employees working in the Govt. colleges, especially in a circumstances where whole control of the institution i.e. Govt. aided colleges is with the Govt. of Haryana such as recruitment admission pay Scale employment service condition, pension etc.;

ii. Further a writ in the nature of certiorari for the quashment of order dated 25.11.2019 (Annexure P-7) vide which the respondent-authorities have rejected the claim of the petitioner-society in the absolute arbitrary, unconstitutional, violative, discriminatory and nonhumanitarian ground without considering the true and the material circumstances of the dispute."

4. The learned Single Judge after hearing the counsel for the petitioner at length, dismissed the writ petition with the following observations:-

"Learned counsel for the petitioner has failed to draw the attention of the Court to any conscious decision to extend the benefits of the 2019 Rules taken by the Government to the employees of the privately managed affiliated Colleges. In view thereof, in absence of any right or a corresponding duty on the respondents, it would not be appropriate to issue the writ as prayed for. Still further, the petitioner has sought the issuance of a writ of certiorari. Learned counsel has failed to put forth any justification to quash the decision taken by the Director Higher Education, extracted above.

Accordingly, the writ petition is dismissed."

5. Being not satisfied, the appellant has filed the present appeal against the impugned order dated 02.02.2021 passed by the learned Single Judge .

6. We have heard counsel for the appellant.

7. The learned counsel for the appellant while assailing the impugned order contended that learned Single Judge ignored the fact that Haryana Affiliated Colleges (Security of Service) Act, 1979 (in short, "Act of 1979") is not only related to pay and pay bands of the employees but also provides security of service to these employees. The learned counsel for the appellant while drawing the attention of the Court to Section 6 of the Act 1979, submitted that the State Government has power to regulate the scales of pay, other allowances and privileges, payable to the employees of the affiliated colleges.

8. Learned counsel for the appellant further brought to the notice of this Court a letter dated 20.07.1982 (Annexure A-1), as per which, clarification was given by the Director, Higher Education, Haryana to the effect that pay fixation issued by the Haryana Government from time to time for the government employees would also be applicable to the non-teaching employees of the non-govt. recognized colleges. Learned counsel further placed emphasis on another letter dated 02.08.1993 (Annexure P2) issued by r