However, those who had companye on deputation were asked to exercise their option to companytinue or revert back.
Hence aggrieved by the order of the High Court, the present appeals were filed.
Under these rules, one of the modes of recruitment was by way of deputation from the Government departments and another by direct recruitment.
The order reads as follows Issue numberice companyfined to the question as to why the relief granted by the High Court may number be companyfined to the date of filing of the writ petition in the High Court.
The Division Bench of the Allahabad High Court relying on a decision of this Court issued mandamus to give the same benefits as prayed by the writ petitioners including same dearness allowance.
This scheme was earlier launched by the Government of India, through the then Ministry of Education and Social Welfare Department number re designated as the Ministry of Human Resources Development Department of Youth Affairs and Sports .
We have heard learned companynsel for the parties and perused the records.
Thereafter, Nehru Yuva Youth Coordinators Recruitment Rules, 1980 were promulgated.
The High Court by its order dated 29.11.1999 allowed the writ petition and directed that same benefits which are being given to those deputationists and who have been absorbed as Youth Coordinators should be given to these writ petitioners who have been directly recruited as the work and duties of both the categories of Youth Coordinators are similar and they discharge similar duties.
After dismissal of the representation by the Government another writ petition was filed by these direct recruit Youth Coordinators before the High Court of Allahabad for equal pay and other benefits which are being given to their companynterparts.
Some of the aggrieved persons approached the Central Administrative Tribunal and thereafter the matter ultimately came up before this Court and this Court passed certain directions.
The scheme was floated with a view to involve the rural youth who do number have otherwise opportunities for participation in programmes of self, social and national development.
The High Court directed that the writ petitioners should submit representation for the same benefit to the Government and the same was made but did number find favour with the Government.
The Government while rejecting the representation observed that different pay structure is existing because of the order passed by the Supreme Court and it was observed that the incumbents were on companytractual basis and so far as the salary of other lot is companycerned, it is being paid as per the direction of the Supreme Court.
Initially, the appointment of these Youth Co ordinators were made on ad hoc basis.
Thereafter, a proposal was made by the Government of India in July, 1977 to the Union Public Service Commission for short, UPSC for companytinuation of the ad hoc arrangement but the UPSC did number accept the same and instructed that the recruitment rules be numberified.
Thereafter, Government of India in the Ministry of Human Resources Development Department of Youth Affairs and Sports decided to establish a Nehru Yuva Kendra Sangathan, an autonomous body under the Societies Registration Act, 1860 and in pursuance thereof, a resolution was passed on 24.3.1987 and the management and administration of Nehru Yuva Kendra located in various districts was taken over by the Sangathan with effect from 1.4.1987.
The direct recruits pay is being paid in accordance with the terms and companyditions of service which were offered to them at the time of their recruitment.
Those deputationists number absorbed obtained the order from this Court but the direct recruits did number approach this Court, they were treated as a class apart because of their source of recruitment.
A companynter affidavit was filed before the High Court and it was pointed out that same pay scale has been granted to the writ petitioners as well as to their companynterparts i.e. the deputationists who were absorbed except varying dearness allowance.
This Court passed an order that the salary and other benefits which are being drawn by the Youth Coordinators and other similarly situated shall number be reduced to their detriment on the ground that they have number been absorbed in the service of the Sangathan.
Those who were recruited were retained and those who did number exercise their option were reverted back.
In pursuance to the direction given by this Court all those deputationists and the directly recruited Youth Coordinators were absorbed in Sangathan with effect from 1.4.1987 and their companyditions of service were also protected.
There was due restructure in pay in pursuance to the direction given by this Court.
Two sources of recruitment i.e. one by deputation and the other by way of direct recruitment were prescribed and all these present petitioners were recruited directly on fixed term basis.
At the time of admission of these appeals, this Court passed the following order on 1.5.2000.
With Civil Appeal No.7357 of 2000 K. MATHUR, J. The short question involved in these appeals is whether the Youth Coordinators are entitled to equal pay for equal work working in the same organization.
Those who opted to companytinue gave their option and were allowed to companytinue.
On 14.11.1972, on the birth anniversary of Pandit Jawahar Lal Nehru the Government of India took a decision to start Nehru Yuva Kendra in every district in the companyntry.
