ANIL KSHETARPAL,J. - (1.) Through this writ petition filed under Article 226/227 of the Constitution of India, the petitioner-Union, which claims to be representing the cause of all the Non-Teaching Employees of the Government Aided Private Colleges, has invoked the extra-ordinary jurisdiction of the Court with the following substantive prayers:- "ii. Issuance of a writ in the nature of mandamus directing the respondent to extend the benefit of the exgratia scheme to the employees of Govt. Aided Colleges issued vide notification dated 02.08.2019 (Annexure P-8) with the all consequential and retrospective benefits of previous scheme issued by the State of Haryana for grant the compassionate assistance by way of ex-gratia financial assistance on compassionate grounds to the family of the deceased Govt. employee who dies while in service since the employees of the Govt. Aided colleges are also the employees of Govt. of Haryana as per the provisions of Article 12 of the Constitution of India and further 95% grant in aid is also given by the Govt. of Haryana and therefore entitled for the same benefits which are being given to the employees working in the Govt. colleges, especially in a circumstances where whole control of the institution i.e. Govt. aided colleges is with the Govt. of Haryana such as recruitment admission pay Scale employment service condition, pension etc.; iii. Further a writ in the nature o1 certiorari for the quashment of order dated 25.11.2019 (Annexure P-7) vide which the respondent-authorities have rejected the claim of the petitioner-society in the absolute arbitrary, unconstitutional, violative, discriminatory and nonhumanitarian ground without considering the true and the material circumstances of the dispute."
(2.) The petitioner-Association previously filed CWP-42926-2018, which was disposed of by directing the respondents to decide the pending representation. Pursuant thereto, the Director Higher Education, Haryana, has passed an order on 25.11.2019, operative part whereof reads as under:- "In view of above, the appointing authority of the non-teaching staff of Haryana Private Govt. Aided College is either the managing committee or the Principal of the concerned college. The management committee of the said college is a supervisory and controlling authority with the management of the affairs of the Govt. Aided Colleges. The non teaching staff of the Govt. Aided Colleges are deceased employee of Haryana s of Haryana Govt. And cannot be treated at par with Govt. employees for the purpose of Exgratia financial assistance to the dependents of deceased Govt. employees. Hence the Govt. policy i.e. the Haryana Compassionate Assistance to the Dependent of the deceased Government Employees is not applicable in the case of the petitioner. It is held by the Hon'ble Apex Court in the case of Jagdish Parshad Sharma ete. Vs. State of Bihar SLP(c) Nos.18766 -18782 of 2016 decided on 17.07.2013 that there can be no automatic application of the recommendation made by the Commission, without any conscious decision being taken by the State in this regard, on account of the Financial implications and other consequences attached to such a decision it is the prerogative of the Government. The Haryana Govt. has not taken by decision to grant ex-gratia financial assistance to the employees of Govt. Aided Colleges so far. The representation dated 30.05.2018 has been considered and the same is hereby rejected being devoid of merit. I order accordingly."
(3.) The petitioner claims that the State is duty bound to extend the benefits of the Ex-gratia Scheme to the employees of the Government Aided Colleges.;