Government may issue executive orders to fix salary

Supreme Court of India

Satimbla Sharma & Ors vs St.Paul Sr.Secondary School & Ors on 11 August, 2011

Author: A K Patnaik

Bench: R.V. Raveendran, A.K. Patnai

 CIVIL APPEAL NO. 2676 OF 2010

12. In K. Krishnamacharyulu and Others vs. Sri Venkateswara Hindu College of Engineering and Another (supra), relied upon by the learned counsel for the appellants, executive instructions were issued by the Government that the scales of pay of Laboratory Assistants as non-teaching staff of private colleges shall be at par with the government employees and this Court held that even though there were no statutory rules, the Laboratory Assistants as nonteaching staff of private college were entitled to the parity of the pay-scales as per the executive instructions of the Government and the writ jurisdiction of the High Court under Article 226 of the Constitution is wide enough to issue a writ for payment of pay on par with government employees. In the present case, there are no executive instructions issued by the Government requiring private schools to pay the same salary and allowances to their teachers as are being paid to teachers of Government schools or Government aided schools.