Writ Petition No. 5206 of 2014. Case: Association of College & University Superannuated Teachers Vs Union of India and Ors.. High Court of Bombay (India)

Case NumberWrit Petition No. 5206 of 2014
CounselFor Appellant: S.G. Bhalerao, Advocate holding for Y.R. Barhate, Advocate and For Respondents: S.B. Deshpande, Assistant Solicitor General
JudgesS. S. Shinde and Sangitrao S. Patil, JJ.
IssueService Law
Judgement DateApril 06, 2016
CourtHigh Court of Bombay (India)

Judgment:

S. S. Shinde, J.

  1. Heard.

  2. Rule. Rule made returnable forthwith, and heard with the consent of the parties.

  3. This Petition is filed with following prayer clause:

    A) By issuing writ of certiorari or any other writ, order or direction, this Hon'ble court may be pleased to quash and set aside to the Government Resolution dated 5.5.2009 issued by the Government of Maharashtra i.e. respondent No. 2 and direct the respondent No. 2 to give the effect to the Government Resolution dated 21st August, 2009 from 1.1.2006 and pay difference gratuity amount calculated as per maximum ceiling limit of Rs. 7 Lacs with 12% interest per annum to the members of petitioner Association.

  4. It is the case of the petitioner that the petitioner is the Association of College and University Superannuated Teachers (Maharashtra), which is a registered Organization under the Maharashtra Societies Registration Act, 1860. The main grievance of the petitioner Association pertains to discrimination made by the respondents while giving the gratuity amount to the teachers, who retired between 01.01.2006 to 01.09.2009 and the teachers, who retired after 01.09.2009 in respect of enhanced gratuity ceiling limit as per recommendations of the 6th Pay Commission to their cases. It is further the case of the petitioner that, the teachers who are retired between period of 01.01.2006 to 01.09.2009 were paid gratuity as per maximum ceiling limit of 5 Lacs, vide Government Resolution dated 5th May, 2009, and the teachers who retired after 01.09.2009 were paid gratuity as per maximum ceiling limit of Rs. 7 lacs vide Government Resolution dated 21st August, 2009, i.e. after a period of only 3 months new Government Resolution is issued by State of Maharashtra and ceiling limit of gratuity is enhanced from Rs. 5 lacs to Rs. 7 lacs.

  5. Therefore, according to the petitioner, the members of the association should be given the same benefit in respect of enhanced gratuity ceiling limit of Rs. 7 lacs. The members of Association are retired during the period from 01.01.2006 to 01.09.2009. On the dates of their respective retirements, they were eligible and entitled to receive the amount of gratuity as per the recommendations made by the 6th Pay Commission. It is further the case of the petitioner that, the Government Resolution dated 21st September, 2009, issued by the Government of Maharashtra is arbitrary and has resulted in discrimination between the teachers, who retired during the period 01.01.2006 to 01.09.2009 and who retired thereafter. It is further the case of the petitioner that, other States implemented the recommendations of 6th Pay Commission w.e.f. 01.01.2006, without making any discrimination, except the Government of Maharashtra for the best reasons known to it.

  6. The petitioner Association filed Writ...

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