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1989 Supreme(SC) 251

K.JAGANNATHA SHETTY, G.L.OZA
Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust – Appellant
Versus
V. R. Rudani – Respondent


Judgement Key Points

What is the scope and maintainability of mandamus under Article 226 in cases involving private trusts governing aided educational institutions? How to determine when a trust or private body performing public duties can be compelled to pay terminal benefits and arrears under university/ordinance pay scales? What is the liability framework for the management of a college in payment of salary, arrears, provident fund, gratuity, and closure compensation when the state is not a party to the proceedings?

What is the scope and maintainability of mandamus under Article 226 in cases involving private trusts governing aided educational institutions?

How to determine when a trust or private body performing public duties can be compelled to pay terminal benefits and arrears under university/ordinance pay scales?

What is the liability framework for the management of a college in payment of salary, arrears, provident fund, gratuity, and closure compensation when the state is not a party to the proceedings?


JUDGMENT

K. JAGANNATHA SHETTY, J.:— These appeals, by certificate, are from a common judgment of the Gujarat High Court giving some monetary benefits to the respondents.

2. The facts of the case can be quite shortly stated :

The appellant No. 1 is a public trust and other appellants are its trustees. The trust was running a science college at Ahmedabad. The college initially had temporary affiliation to the Gujarat University under the Gujarat University Act, 1949. From June 15, 1973 onwards, the college had permanent affiliation under the said Act as amended by Gujarat Act No. VI of 1973. The University teachers and those employed in the affiliated colleges were paid in the pay scale recommended by the University Grants Commission. At one stage, there was some dispute between the University Area Teachers Association and the University about the implementation of certain pay scales. That dispute, by agreement of parties, was referred to the Chancellor of the University for decision. On June 12, 1970, the Chancellor gave his award in the following terms :

"(1) That the revised pay scales as applicable to teachers who joined before April 1, 1966, should similarly be applicable to those


































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