T.M. Sampath & Ors. :VERSUS: Secretary, Ministry of Water Resources

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 712-713 OF 2015

(Arising out of SLP(C) Nos.3106-3107 of 2012)

T.M. Sampath & Ors. … Appellants

:VERSUS:

Secretary, Ministry of Water Resources & Ors. … Respondents

 

Appellants herein are the employees of National Water Development Agency (“NWDA”) which was established as a Society in July 1982 and was registered under the Societies Registration Act, 1860. The Society NWDA, which falls under the aegis and control, both administrative and financial, of the Ministry of Water Resources, is fully funded by the Government of India, headed by the Union Minister for Water Resources as the President. The NWDA framed Rules and Regulations for its smooth functioning. Whatever emoluments have been prescribed for the Government servants by the Central Government Office Memorandum (“O.M.”, for short) the same apply mutatis mutandis to the employees of NWDA. By-law 28 of the NWDA also mandates that the rules and orders applicable to the Central Government employees shall apply mutatis mutandis to the employees of the NWDA subject to modification by the Governing Body concerning service conditions and only in case of any doubt, the matter has to be referred to the Governing Body for a decision. Byelaw 26(a) provides for the emoluments structure for all employees that will be adopted by NWDA, with the approval of Ministry of Finance (Department of Expenditure). Bye-law 28 provides that till such time the NWDA frames its rules governing service conditions of the employees, rules and orders applicable to Central Government Employees shall apply mutatis mutandis, subject to such modifications as made by NWDA from time to time….read more