M.M. Punchhi, J. - (1.) The petitioners who are members of the technical staff of the Haryana State Small Industries and Export Corporation Ltd. (hereinafter referred to as the Corporation) seek Mandamus against the State of Haryana as also the Corporation directing them to grant the petitioners the benefit of fixation of pay-scales according to the Haryana Civil Service (Revised Scales of pay) Rules, 1980.
(2.) It would no be necessary to detail out facts about the status of the petitioners and the manner in which they establish their entitlement to pay fixation be revision. Their claim in that regard stands conceded by the Corporation as is evident from paragraph 7 of the Written Statement filed on its behalf. It is stated therein that the Board of Directors of the Corporation had approved the new pay scales of the technical staff with effect from 1.4.1979 in their meeting held on March 8. 1983, subject to the concurrence of the Finance Department as desired by the Government vide letter No. 1/162/IPR/(FD)-80, dated 22.7.1981 (Annexure R1). In that letter, the Government had desired that in future the proposals for revision of pay scales should be routed to the Finance Department through the department concerned and that no direction or resolution in the matter of revision of pay scales be passed by the agencies of Government unless the Finance Department' has been consulted. It has further been averred that the approval of the Board of Directors of the Corporation on that very day, viz, 8.3.1983, was sent to the' State Government of Haryana through the Director of Industries Haryana, and the matter is still lying under consideration of the Government in its Finance Department.
(3.) The State of Haryana though impleaded as a party has not put in appearance. It has not even filed a Written Statement. Its apathy to the grievance of the petitioners remains unaccounted. On the other hand, the claim of the petitioners is not just to enrichen themselves but reflective of the sole concern of every human being to have a reasonable sustenance; keeping body and soul together. The resolution of the Board of Directors remains lifeless unless it is infused with life by the concurrence to the State Government. The Corporation as such is nothing but the Government operating behind a corporate voil, carrying out a governmental activity and governmental functions of vital public importance. Not only is the Corporation "the State" within the meaning of Art. 12 of the Constitution of India but the State behind it is itself such so as to attract a Mandamus from this Court. Thus, the State shall grant the requisite concurrence to the resolution of the Board of Directors dated 8th March, 1983, forthwith and sequelly the Corporation shall extend the benefit to the petitioners as a follow up action and necessary Consequences.;