K. KRISHNAMACHARYULU AND ORS. versus SHRI VENKATESWARA HINDU COLLEGE OF ENGINEERING AND ANR.

K. KRISHNAMACHARYULU AND ORS. versus SHRI VENKATESWARA HINDU COLLEGE OF ENGINEERING AND ANR.

Writ petition under Article 226 is maintainable by non-teaching staff of private institutions imparting education, even if the institution does not receive grant-in-aid, for enforcement of executive instructions granting parity in pay with Government employees under Article 39(d) of the Constitution. Such employees are entitled to equal pay for equal work.

Parties
Appellants: K. Krishnamacharyulu and Ors.; Respondents: Shri Venkateswara Hindu College of Engineering and Anr.
Jurisdiction
India
Judgment Date
21 February 1997
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Andhra Pradesh High Court in W.a. No. 179 of 1996
Outcome
Appeal allowed
Legal Topics
Equal Pay for Equal Work, Maintainability of Writ Petition Under Article 226
Service Law Constitutional Law Equal Pay for Equal Work Maintainability of Writ Petition Under Article 226

Case Brief

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Parties

K. Krishnamacharyulu and Ors.

Appellants

Shri Venkateswara Hindu College of Engineering and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Andhra Pradesh High Court in W.a. No. 179 of 1996

Legal Issues

  1. 1 Whether non-teaching staff (Lab Assistants) of a private college appointed on daily wages are entitled to equal pay on par with Government employees under Article 39(d)
  2. 2 Whether writ petition under Article 226 is maintainable for enforcement of executive instructions by persons employed in private institutions not in receipt of grant-in-aid

Ratio Decidendi

Writ petition under Article 226 is maintainable by non-teaching staff of private institutions imparting education, even if the institution does not receive grant-in-aid, for enforcement of executive instructions granting parity in pay with Government employees under Article 39(d) of the Constitution. Such employees are entitled to equal pay for equal work.

Court Disposition

Appeal allowed

Orders

  • The writ is issued giving equal pay on par with Government employees.
  • No order as to costs.