Husband Wife Aggregation Policy for posting available to public sector employees cannot be implemented in private sector as they constitute a separate class by themselves
Petitioner who was an employee of Zilla Parishad working as 'Shikshan Sevak' was transferred to a place which is 65 kms. away from Aurangabad. She approached Court seeking quashing of Government Resolution to the extent that it provides husband wife aggregation benefit only to those couples who are in Government and Semi-Government service and not to those employees, whose spouse/s are engaged in private service or profession and also seeking direction that the benefit of Government Resolution be extended to the petitioner. Petitioner’s husband was working in a private profession at Aurangabad.
In the transfer process, the petitioner was placed in category 4. This is the
category meant for junior most Teachers. Government issued Resolution and floated a scheme called 'Husband Wife Aggregation Policy' by which husband and wife can be posted within a distance of 30 kms. However, this scheme covers only Zilla Parishad employees, State Government employees, Central Government employees, employees in Autonomous Bodies, employees in Public Sector Undertakings or employees in Government Recognized Institutions. Spouses of Zilla Parishad employees, who are working in private profession or in private service are excluded from the purview of this resolution. It is alleged that this resolution is discriminatory as it has left out the spouses of Zilla Parishad employees, who are employed in the private sector or engaged in a profession.
From the Government Resolution, it is evident that the Government has framed norms for the transfer of its employees over whom it has control. The Government can exercise control over the employees working in various organs of the Government. This cannot be said about the private sector and those under self-employment. Private sector has its own rules and regulations, has its own rules of recruitment and therefore, the Government cannot exercise any control over the private sector. Private sector or self-employed are a class by themselves. Government policies in regard to its employees cannot be implemented in the private sector. Benefit of couple convenience is extended by the Government to Zilla Parishad employees, whose spouses are working in the Government sector or the organs of the Government sector. By its peculiar nature, such a policy cannot be implemented in the private sector. Both sectors are fundamentally different in nature of work, nature of duties, rules and regulations. Service conditions of the private sector are different.
As such, Zilla Parishad employees having a spouse working in the private sector or in the private profession form a different class having different conditions of service and different incidents. Had there been discrimination between the same class, Article 14 of the Constitution could have been invoked. But in the case at hand, both the classes are different and mutually exclusive.
Appearing Counsel/s : Shri Devidas R.Shelke AGP,, Smt. M.A.Deshpande, Shri S.B.Ghute Patil
