ORDER

This Writ Petition is filed seeking a direction to the respondents not to withdraw the order of granting non-

functional scale of Rs.8000-275-13500 (pre-revised) with effect from 01.01.1996 and effect recovery holding that the office memorandum Nos. NIMH/Estt.6(2002)2010-11/801 dated 26.11.2010 and NIMH/Estt.6(2005)2010-11/802 dated 26.11.2010 served on petitioners as arbitrary and illegal.

2. Learned counsel for petitioners Sri M.N. Narasimha Reddy submits that petitioners are the employees of National Institute for the Mentally Handicapped (renamed as National Institute for the Empowerment of Persons with Intellectual Disabilities), Manovikas Nagar, Secunderabad (hereinafter referred to as ‘Institute / Society’). It is an autonomous body under the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India. It is being registered under the Societies Registration Act and is administered by its bye-laws. The Society consists of various institutions similar to that of the institute involved in this writ petition. The Executive Council is the apex body as far as administration of each of the institutes.

All the Executive Committees of different institutions, which are part and parcel of the Society, have to adopt the draft bye-laws and get the approval of the Government of India. In this process, the subject Institution, i.e. NIMH (NIEPID), Secunderabad, in their letter No. 87/3054 dated 14.10.1987 had adopted the draft bye-laws and subject to modification got the approval of the Government of India in its proceedings No. 6-15/87-NI-I, dated 02.05.1988, Government of India , Ministry of Social Welfare, New Delhi.

It is submitted that as per Bye-Law No. 4, the Executive Council has to frame the service conditions on par with Central Government Employees keeping in view their service conditions prescribed in Government of India Rules i.e. Central Civil Service Rules. Sub-clauses in Bye-law No. 4 relevant to this case are (i), (xi) and (xxi). In the same Bye-laws, the Directors' Powers are enumerated in Appendix-II. As per Appendix-II, under clause (xiv) Point Nos. 73 and 81, under Clause (xv) Point No. 82, the Director is competent as Cadre Controlling Authority to appoint Groups- B, C and D posts, to determine their nature of work and their pay and allowances. As per the powers conferred on the Executive Council in bye-laws, the Executive Council in its meeting held on 22.09.1984 and 25.10.1985 decided to adopt the Central Government scales to NIMH (NIEPID) Employees. As per the above discussion, it can be said / culled out that NIMH (NIEPID) Employees’ pay fixation is on par with Central Government Employees. The Director (who is the cadre controlling authority) is competent to appoint and decide pay scales, nature of work, etcetera, as far as Groups B, C and D Employees of the NIMH (NIEPID) Institute, i.e. subject institute. It is submitted that, after formation of National Institute for Mentally Handicapped at Secunderabad, to fill up the vacancies in the organization, the Director issued employment notification for various posts. In the said notifications, the post of ‘Estate Officer’ and ‘Workshop Supervisor’ were notified. Pursuant to the said notification, petitioners applied for ‘Estate Officer’ and ‘Workshop Supervisor’ positions and got selected respectively. Even in the notification, it is mentioned that for the posts notified, status would be similar to that status of the Central Government Employees Service Conditions and Pay Scales, etcetera. They were issued appointment orders on 30.09.1987 and 16.10.1992 respectively.

As both the posts for which petitioners got selected belong to Group ‘B’ category. As per Bye-laws and Executive Council decision, the Director is competent to determine their nature of work as well as their pay scales.

At the time of petitioner