Writ Petition No. 1908 of 2014. Case: Yeshwant Shikshan Prasarak Mandal and Ors. Vs Sadashiv Balkrishna Raktade and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 1908 of 2014 |
| Counsel | For Appellant: M.S. Topkar, Adv. and For Respondents: C.G. Gavnekar, Adv. |
| Judges | N. H. Patil and G. S. Kulkarni, JJ. |
| Issue | Constitution of India - Article 226; Maharashtra Universities Act, 1994 - Sections 27, 28, 57, 57(2) |
| Judgement Date | January 18, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
G. S. Kulkarni, J.
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Rule Returnable forthwith. Heard finally by consent of the parties. By this petition under Article 226 of the Constitution of India, the Petitioners assail the communication dated 19th October, 2013 issued by Respondent No. 2 - Shivaji University, whereby the Petitioners are informed that the Grievances Committee has taken a decision that the Petitioners shall make payment of all arrears to Respondent No. 1 as per the Rules within one month from the date of the said letter and submit a report of compliance to the University. The communication also records that this decision of the Grievances Committee has been approved by the Management Council under Section 57(2) of the Maharashtra Universities Act, 1994 (for short "the Act").
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The Petitioner No. 1 is an educational institution conducting the Petitioner No. 2 - B.Ed. College. It is the case of the Petitioners that Respondent No. 1 was appointed as a Lecturer in Education (Hindi) in Petitioner No. 2 College in the pay scale of Rs. 2200-4000. The appointment was continued and thereafter, a further order dated 18th June, 1996 was issued appointing Respondent No. 1 on probation for a period of one year from 20th June, 1996 to 20th April, 1997. The appointment of Respondent No. 1 was approved by the Shivaji University.
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Respondent No. 1 alongwith other staff members has raised a grievance about pay and other service conditions. A meeting was held between the employees and the Management. An agreement came to be executed between the Management and the Staff members on 25th August, 2003 and it was agreed that the staff members shall be extended benefits of 5th Pay Commission with effect from 1st January, 1996 based upon their basic pay in the 4th Pay Commission and consequent D.A. thereon. However, the actual pay and D.A. as per the said Commission would be payable with effect from 1st June, 2004. At the request of the Management, the staff members had voluntarily given up the claim of arrears payable as per 5th Pay Commission.
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Respondent No. 1, however, approached the Grievances Committee of the University constituted as per the provisions of Section 57 of the Act, claiming salary and arrears thereof, as per the 5th Pay and 6th Pay Commission from the date of his appointment. The Grievances Committee entertained the complaint of Respondent No. 1 by calling upon the Petitioners to submit their reply which was submitted by the Petitioners. The Grievances...
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