G.C.Bharuka, J. - (1.) The present writ application has been filed by the employees of the Bihar State Social Welfare Advisory Board, Patna (hereinafter to be referred to as the State Board). The petitioners have prayed for issuance of a writ of mandamus commanding the respondents to grant them the scale of pay with effect from 1-4-1981 in accordance with the recommendations of the 4th Pay Revision Committee. The petitioners have also prayed for quashing the decision of the State Government contained in letter No. 3/G 1 = 109/K = 2441, dated 14th March, 1985, by which it has been decided that the employees of the State Board will be entitled to the revised pay scale only with effect from 1st April, 1983. This letter is Annexure-3/2 to the writ application.
(2.) Keeping in view the recommendations of the planning Commissioner, the Government of India constituted Central Social Welfare Board in the year 1953 (hereinafter to be referred to as 'the Central Board'). It was constituted with the object to provide assistance and guidance to Voluntary Social Welfare Organisations in consolidating and improving their social Welfar activities. The Central Board after its constitution took up a large number of Welfare Extension Projects which included Women's and children's welfare projects as also the welfare projects of juvenile delinquents and the handicapped. Inspired by the activities of the Central Board, the State Government also, in consultation and pursuant to an agreement with the Central Board, constituted the Respondent State Board. A declaration to this effect is contained in the Government decision dated 1st December, 1954 expressed in the name of the Governor where in it has been declared that "the Government of Bihar have decided to constitute a non-official Board to be known as the Bihar Social Welfare Advisory Board. This declaration in Para 2 also contains the names of the Chairman and the Members of the Board which were decided with the approval of the Central Board. This decision is contained in Annexure-'B' to the counter affidavit. Rules governing the composition and functions of the State Board have been filed as Annexure '8' to the writ application. These rules, apart from laying down procedures for composition of the State Board, also provides for functions of the State Board, mode of operation of its bank accounts, powers of the Board and provisions with regard to budget. Rule 4 provides that the office bearers of the Board shall be the Chairman, Vice-Chairman and Treasurer. Under Rule 3 (v) the Chairman is appointed by the mutual agreement between the Chairman, Central Board and the State Government. Under Rule 4 the Vice-Chairman of the Board is to be selected by the State Board from among its members The treasurer of the State Board has to be appointed by the State Government from among its official members. Rule 9 provides that the Board shall maintain a current account with the State Bank of India or with any scheduled Bank. All the receipts of the Board are to be paid into the Board's Bank account and no amount can be drawn from this account except on cheques signed by any of the two out of aforesaid three office bearers. Rules 10 and 12 deal with the powers of the Board and its budget. These two rules read as follows: 10. Power of the Board.-(i) The Board shall have power to make appointment to posts sanctioned by the Central Board on terms to be prescribed with the prior approval of the Central Board, except the Secretary of the Board who shall be appointed by the Board in consultation with the Central Board. (ii) The authority competent to promote, degrade or dismiss an officer or servant of the Board shall be the authority empowered to appoint such officer or servant in all these matters, the State Board shall apply relevant service rules of the State Government. (iii) shall be a standing Committee of the Board drawinsting of the Chairman, Vice-Chairman. Treasurer and two more members of the Board. The standing committee shall look after the management of all the affairs and funds of the Board within the limits and directions prescribed by the Board. (iv) The Board shall have the Power, to make if necessary, such bye- laws as are not repugnant to or inconsistent with these rules, for the conduct of the Board's business and for the working of its of its office. (v) The Board may, be resolution, delegate to sub-committees and panel of experts to deal with specific problem or groups of problems for such powers as the Board may deem fit. (vi) The Board may, where necessary, appoint ad hoc committee for specific purposes. The sub-Committees will not be empowered to take decision on behalf of the Board. (vii) The Board may, be resolution, delegate to the Chairman, or the Secretary, such of its powers for the conduct of its business as it deem fit subject to the condition that the action taken by the Chairman or the Secretary under the power delegated to them by this regulation shall be reported for confirmation at the next meeting of the Board. 12. Budget.-(i) The Board, shall in each year submit to the Central Social Welfare Board its revised budget for the current year and its budget estimates for ensuing year as passed at one of its meetings in the form prescribed by the Central Board. It shall not contain provisions for any scheme which have not been duly approved by the Central Board. The expenditure incurred on the establishment of the office of the State Board will be shared equally by the Central Board and the State Government. (ii) The funds of the Board shall not be appropriated for expenditure on any item which has not been approved by the Central Social Welfare Board.
(3.) From a bare reading of Rules 10 and 12, quoted above, it is clear that so far as its employees except the Secretary is concerned, the State Board has the full competence to appoint employees on the posts sanctioned by the Central Board on such terms, which are approved by the Central Board. But as per clause (ii) of Rule 10 the relevant Service rules of the State Government will be applicable to the employees of the State Board in respect of promotion, degradation and dismissal, which can be exercised by the appointing authority of the State Board, Rule 12 (1) inter alia, prescribes that the State Board shall seek approval of its budgetary estimates. It further provides that the expenditure incurred on the establishment of the office of the State Board will be shared equally by the Central Board and the State Government.";