Bombay High Court
Chairman Through Principal And Others vs Deelip D.Chavan And Others on 11 July, 2017
Author: T.V. Nalawade
Bench: T.V. Nalawade
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7410 OF 2005
1. Madhukar s/o Shrawan Patil,
age : 46 years, Occu.: Service,
R/o Plot No. 83, Shiv Colony,
Jalgaon, Dist. Jalgaon
2. Rajendra s/o Trimbak Patil,
age : 45 years, Occu.: Service,
R/o. Plot No. 45, Old Bhagwan
Nagar, Jalgaon, Dist. Jalgaon
3. Ravindra s/o Rajdhar Patil,
age : 43 years, Occu.: Service
R/o 14/3, Ambika Housing Society,
Near Bhagwan Nagar,
Jalgaon, Dist. Jalgaon
4. Dineshkumar s/o Uttamrao Adokar,
Age : 40 years, Occu.: Service,
R/o Plot No. 28, Kolhenagar,
Jalgaon, Dist. Jalgaon
5. Ravindra s/o Atmaram Sonwane,
age : 42 years, Occu.: Servie,
r/o 5, Bhushan Colony,
Jalgaon, Dist. Jalgaon
6. Gajendrakumar s/o Ravishankar
Warma, Age : 41 years, Occu.: Service,
R/o Plot No.2, Shivrana Nagar, Jalgaon,
Dist. Jalgaon
7. Umakant s/o Namdeo Jawale,
Age : 40 years, Occu. Service,
r/o 35, Janki Nagar, Jalgaon,
District Jalgaon
8. Kishor s/o Madhukar Patil,
age : 34 years, Occu.: Service,
R/o Plot No.20, Shankarappa
Nagar, Pimprala, Jalgaon,
District Jalgaon ..PETITIONERS
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VERSUS
1. The State of Maharashtra,
through Secretary, Higher and
Technical Education and
Employment Department,
Mantralaya, Mumbai - 32
2. The Director of Technical,
Education, Maharashtra State,
3, Mahapalika Marg,
Mumbai -400 001
3. The Maharashtra State Board of
Technical Education, through
Secretary, Govt. Polytechnic,
Building, 49, Kherwadi,
Aliyawar Jang Road,
Bandra (E), Mumbai - 51
4. Shram Sadhana Trust,
Through Chairman, Bambhori,
District Jalgaon 425 001
5. New Polytechnic, Bambhori,
District Jalgaon, through
Principal
6. The Member Secretary,
Local Management Committee,
Shram Sadhana Trust,
Jalgaon, Dist. Jalgaon .. RESPONDENTS
WITH
CIVIL APPLICATION NO. 500 OF 2006
IN
WRIT PETITION NO. 7410 OF 2005
(Madhukar s/o Shrawan Patil and others Vs. The State of
Maharashtra and others)
WITH
CIVIL APPLICATION NO. 3671 OF 2006
IN
WRIT PETITION NO. 7410 OF 2005
(Madhukar s/o Shrawan Patil and others Vs. The State of
Maharashtra and others)
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WITH
CIVIL APPLICATION NO. 9306 of 2016
IN
WRIT PETITION NO. 7410 OF 2005
1. Shram Sadhana Trust,
Through Chairman, Bambhori,
District Jalgaon 425 001
2. New Poly Technic, Bambhori,
District Jalgaon, through
Principal
3. The Member Secretary,
Local Management Committee,
Shram Sadhana Trust,
Jalgaon, Dist. Jalgaon .. APPLICANTS
VERSUS
1. Madhukar s/o Shrawan Patil,
age : 46 years, Occu.: Service,
R/o Plot No. 83, Shiv Colony,
Jalgaon, Dist. Jalgaon
2. Rajendra s/o Trimbak Patil,
age : 45 years, Occu.: Service,
R/o. Plot No. 45, Old Bhagwan
Nagar, Jalgaon, Dist. Jalgaon
3. Ravindra s/o Rajdhar Patil,
age : 43 years, Occu.: Service
R/o 14/3, Ambika Housing Society,
Near Bhagwan Nagar,
Jalgaon, Dist. Jalgaon
4. Dineshkumar s/o Uttamrao Adokar,
Age : 40 years, Occu.: Service,
R/o Plot No. 28, Kolhenagar,
Jalgaon, Dist. Jalgaon
5. Ravindra s/o Atmaram Sonwane,
age : 42 years, Occu.: Servie,
r/o 5, Bhushan Colony,
Jalgaon, Dist. Jalgaon
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6. Gajendrakumar s/o Ravishankar
Warma, Age : 41 years, Occu.: Service,
R/o Plot No.2, Shivrana Nagar, Jalgaon,
Dist. Jalgaon
7. Umakant s/o Namdeo Jawale,
Age : 40 years, Occu. Service,
r/o 35, Janki Nagar, Jalgaon,
District Jalgaon
8. Kishor s/o Madhukar Patil,
age : 34 years, Occu.: Service,
R/o Plot No.20, Shankarappa
Nagar, Pimprala, Jalgaon,
District Jalgaon
9. The State of Maharashtra,
through Secretary, Higher and
Technical Education and
Employment Department,
Mantralaya, Mumbai - 32
10. The Director of Technical,
Education, Maharashtra State,
3, Mahapalika Marg,
Mumbai -400 001
11. The Maharashtra State Board of
Technical Education, through
Secretary, Govt. Polytechnic,
Building, 49, Kherwadi,
Aliyawar Jang Road,
Bandra (E), Mumbai - 51 ..RESPONDENTS
WITH
WRIT PETITION NO. 163 OF 2002
Shri Mukund Govind Wani,
age : 36 years, Occu.: Service,
'Radhe-Govind', Gat No.29,
Muktainagar, jalgaon, Taluka
and District Jalgaon .. PETITIONER
VERSUS
1. State of Maharashtra,
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2. North Maharashtra University,
Jalgaon, at Jalgaon,
Through its Registrar
3. The Registrar,
College of Engineering and
Technology,
Bambhori, Taluka Erandol,
Distrit Jalgaon
4. Principal,
College of Engineering and
Technology,
Bambhori, Taluka Erandol,
District Jalgaon
5. Director,
High Technical Education,
Department,
Mantralaya Annexe,
Mumbai .. RESPONDENTS
WITH
CIVIL APPLICATION NO. 12505 OF 2015
IN
WRIT PETITION NO. 163 OF 2002
1. The Registrar,
College of Engineering and
Technology,
Bambhori, Taluka Erandol,
Distrit Jalgaon
4. Principal,
College of Engineering and
Technology,
Bambhori, Tq. Erandol,
Dist.Jalgaon .. APPLICANTS
VERSUS
1. Mukund Govind Wani,
age : 36 years, Occu.: Service,
'Radhe-Govind', Gat No.29,
Muktainagar, jalgaon, Taluka
and District Jalgaon
2. State of Maharashtra,
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3. North Maharashtra University,
Jalgaon, at Jalgaon,
Through its Registrar
4. Director,
High Technical Education,
Department,
Mantralaya Annexe,
Mumbai .. RESPONDENTS
WITH
WRIT PETITION NO. 1420 OF 2002
1. Deelip D. Chavan,
Age : 40 years, Occu.: Lab. Asstt.,
R/o. 2, Bhagirath Colony,
Z.P. Colony Road, Jalgaon
2. Nitin V. Patil,
Age : 37 years, Occ.: Lecturer
R/o.: 19-A, Meera, Chandraprabha
Colony, Jalgaon
3. Sanjay V. Sinkar,
Age : 40 years, Occu.: Sr. Lecturer,
R/o. 29, Housing Society,
Pimprala Road, Opp. Yash Plaza Office,
Jalgaon
4. Sachin B. Bayani,
age : 32 years, Occu.: Lab. Asstt.
R/o.: 10, Ganesh Colony, Jalgaon
5. Manish P. Deshmukh,
Age : 36 years, Occu.: Sr. Lecturer,
R/o.: C/o. Adv. P.R. Deshmukh,
at Post Muktainagar, Jalgaon
6. Kailas D. Patil,
Age : 38 years, Occu.: Asstt.
Store Keeper, R/o. 7-B, Bhushan Colony,
Jalgaon
7. Vijay G. Nagpure,
Age : 33 years, Occu.: Lab. Technician,
R/o.: 19, Kamalkunj, Shriratna colony,
Near Mundada High School, Jalgaon
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8. Chandrakant R. Joshi,
Age: 37 years, Occ.: Non Tech.Lab.
Asstt., R/o.: Sai Leela, Plot No.1,
Adarshnagar, Jalgaon ..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through the Secretary, Higher
and Technical Education and
Employment Department,
Mantralaya, Mumbai - 32
2. The Director of Technical
Education, Maharashtra State,
3, Mahapalika, Mumbai - 32
3. Jt.Director of Technical,
Education (Nashik Region),
Samangaon Road, Nashik Road,
Nashik - 422 101
4. North Maharashtra University,
Jalgaon, through the Registrar,
North Maharashtra University,
Jalgaon-425 001
5. All India Council for Technical,
Education (A.I.C.T.E.),
I.G. Sports Complex, I.G. Estate,
New Delhi - 110 202
through its Adviser (E & T),
6. Chairman,
through Principal,
C.O.E.T., Bambhori,
Jalgaon
7. Principal,
Sramsadhana Trust's
College of Engineering Technology,
and New Polytechnic, P.B.94,
Bombhori, Jalgaon - 425 001
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8. Principal,
New Polytechnic,
C.O.E.T., Bambhori,
Jalgaon .. RESPONDENTS
WITH
CIVIL APPLICATION NO. 5132 OF 2006
IN
WRIT PETITION NO. 1420 OF 2002
(Deelip D. Chavan and others Vs. The State of
Maharashtra and others)
WITH
CIVIL APPLICATION NO. 12512 OF 2015
WITH
WRIT PETITION NO. 1420 OF 2002
1. Chairman,
through Principal,
C.O.E.T., Bambhori,
Jalgaon
2. Principal,
Sramsadhana Trust's
College of Engineering Technology,
and New Polytechnic, P.B.94,
Bombhori, Jalgaon - 425 001
3. Principal,
New Polytechnic,
C.O.E.T., Bambhori,
Jalgaon .. APPLICANTS
VERSUS
1. Deelip D. Chavan,
Age : 40 years, Occu.: Lab. Asstt.,
R/o. 2, Bhagirath Colony,
Z.P. Colony Road, Jalgaon
2. Nitin V. Patil,
Age : 37 years, Occ.: Lecturer
R/o.: 19-A, Meera, Chandraprabha
Colony, Jalgaon
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3. Sanjay V. Sinkar,
Age : 40 years, Occu.: Sr. Lecturer,
R/o. 29, Housing Society,
Pimprala Road, Opp. Yash Plaza Office,
Jalgaon
4. Sachin B. Bayani,
age : 32 years, Occu.: Lab. Asstt.
R/o.: 10, Ganesh Colony,
Jalgaon
5. Manish P. Deshmukh,
Age : 36 years, Occu.: Sr. Lecturer,
R/o.: C/o. Adv. P.R. Deshmukh,
at Post Muktainagar, Jalgaon
6. Kailas D. Patil,
Age : 38 years, Occu.: Asstt.
Store Keeper, R/o. 7-B, Bhushan Colony,
Jalgaon
7. Vijay G. Nagpure,
Age : 33 years, Occu.: Lab. Technician,
R/o.: 19, Kamalkunj, Shriratna colony,
Near Mundada High School, Jalgaon
8. Chandrakant R. Joshi,
Age: 37 years, Occ.: Non Tech.Lab.
Asstt., R/o.: Sai Leela, Plot No.1,
Adarshnagar, Jalgaon
9. The State of Maharashtra,
Through the Secretary,
Higher and Technical Education and
Employment Department,
Mantralaya, Mumbai - 32
10. The Director of Technical,
Education, Maharashtra State,
3, Mahapalika Marg, Mumbai-1
11. Jt. Director of Technical,
Education (Nashik Region),
Samangaon Road, Nashik Road,
Nashik 422 101
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12. North Maharashtra University,
Jalgaon, through the Registrar,
North Maharashtra University,
Jalgaon-425 001
13. All India Council for Technical,
Education (A.I.C.T.E.),
I.G. Sports Complex, I.G. Estate,
New Delhi - 110 202
through its Adviser (E & T) .. RESPONDENTS
----
Mr.G.V. Wani, Advocate for the Petitioners in
W.P.No.163/2002,
Mr.L.V. Sangit, Advocate holding for Mr.V.J.Dixit,
Advocate for petitioner in W.P. No.1420/2002
Mr.S.P.Brahme, Advocate for the petitioners in
W.P.No.7410/2005
Mr.S.B. Pulkundwar, A.G.P. for respondents/State in all
Writ Petitions
Mr.Y.B.Bolkar, Advocate holding for Mr. R.B.
Raghuwanshi, Advocate for respondent No.2 in W.P.
No.163/2002 and for respondent No.4 in W.P. No.1420/2002
Mr.A.G.Talhar, Advocate for respondent Nos.3 and 4 in
W.P.No. 163/2002 and for respondent No.7 in W.P.
No.1420/2002
Miss.Neha Kamble, Advocate holding for Mr.S.V.Adwant,
Advocate for respondent No.5 in in W.P.No.1420/2002
----
CORAM : T.V. NALAWADE AND
SANGITRAO S. PATIL, JJ.
RESERVED ON : 3rd JULY, 2017
PRONOUNCED ON : 11th JULY, 2017
COMMON JUDGMENT (PER : SANGITRAO S. PATIL, J.) :
Heard the learned counsel for the contesting
parties.
2. Common questions of law and facts are involved
in these Writ Petitions. Hence, they are being disposed
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of by this common judgment.
3. The petitioners happened to be the teaching and
non-teaching staff members of the respondent-Institution
viz. Shram Sadhana Trust, Bambhori, running a College of
Engineering, Technology and New Polytechnic at Bambhori,
District Jalgaon. They have claimed implementation of
the Government Resolutions dated 26th May, 1992 and 18th
December, 1999, the Circular dated 29th September, 2005
and letter dated 7th March, 2000 to enable them to get
the pay scales as recommended by the 4th and 5th Pay
Commissions made applicable from 1st January, 1986 and 1st
January, 1996, respectively. According to the
petitioners, the said pay scales have been made
applicable to their counterparts serving in the
Government College of Engineering, Technology and
Polytechnic and as such, they also are entitled to the
same benefits on the principle of parity.
4. The claim of the petitioners has been opposed
by the respondent-Institution on various grounds and
particularly on the grounds that the pay scales
prescribed by the 4th and 5th Pay Commissions are not
applicable to the non-teaching staff members, that there
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are no directions given by the All India Council of
Technical Education (for short, "AICTE") prescribing
the said pay scales for non-teaching staff, that the
petitioners have no legal right to claim implementation
of the recommendations of the 4th and 5th Pay Commissions,
that the respondent-Institution is not financially sound
enough to fulfill the demands of the petitioners for
such higher pay scales and more particularly from the
above mentioned dates, that the respondent-Institution
is not a State and therefore, no directions can be
issued against it under Article 226 of the Constitution
of India, that the Writ Petitions for claiming arrears
of pay and allowances are not maintainable and that the
Writ Petitions are liable to be dismissed on the ground
of delay and laches on the part of the petitioners in
claiming the aforesaid reliefs.
5. The controversial points raised in these Writ
petitions have been set at rest by various judgments
`cited on behalf of the petitioners.
6. Writ Petition No. 953 of 1990 (Ishwar Jaggnath
Gabhane and others Vs. The State of Maharashtra and
others), decided by Nagpur Bench of this Court on 8 th
July, 2004 was filed by non-teaching staff members of
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Karmaveer Dadasaheb Kannamwar College of Engineering,
Nandanvan, Nagpur, seeking pay-scales as available to
the employees of V.R.C.E. or Government Polytechnic
Institute as well as Engineering Colleges. In the case
of Vijay Vynkatesh Bindur and others Vs. State of
Maharashtra and others (Writ Petition No.3793 of 2002),
decided by the Main Seat of this Court at Bombay on 27 th
September, 2002, the petitioners were employed as
teaching and non-teaching staff members of Shahu
Chattrapati Polytechnic at Tilawani, Ichalkaranji, who
had prayed for implementation of the Government
Resolutions dated 26th May, 1992 and 18th December, 1999,
prescribing pay-scales as recommended by the 4th and 5th
Pay Commissions. In both of these Writ Petitions, the
claims made by the petitioners therein were accepted by
the Court and they were extended the benefits of the
recommendations of the 4th and 5th Pay Commissions from
the respective dates of their implementation, subject to
law of limitation, holding that the Writ Petitions were
maintainable for claiming such reliefs.
7. The learned Counsel for the
respondent/Institution has relied on an unreported
judgment in the case of St. Paul's Senior Secondary
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School, Palampur and another Vs. State of H.P. through
Secretary (Education) and others, L.P.A. No.48 of 2004,
decided by the High Court of Himachal Pradesh, Shimla on
25th July, 2008, wherein the financial incapacity of the
respondent/educational Institution therein was
considered as a ground for denying the parity in the pay
sought by the employees of that Institution with their
counterparts in Government schools or Government aided
schools.
8. In the case of Teachers Association For Non-
Aided Polytechnics and others Vs. Hindi Seva Mandal,
Bhusawal and others (Writ Petition No.364 of 1999),
decided by this Court on 3rd July, 2001, petitioners no.2
to 31 were members of teaching and non-teaching staff of
Shri Sant Gadge Baba Polytechnic, Bhusawal, Dist.
Jalgaon. They had claimed that the Circular dated 29 th
September, 1995, issued by the Directorate of Technical
of Education, Government of Maharashtra should be
complied with by the respondent/Institution by paying
the salaries and allowances, bonus, provident fund,
gratuity, medical facilities and leave travel
facilities, etc. to them as per the rules. This claim
was accepted by the Court and the respondent/Institution
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was directed to implement the Circular dated 29th
September, 1995. In that case also, the Writ Petition
was held to be maintainable. In the said case, it was
further held that the financial incapacity of the
private institutions to pay the salaries and other
allowances to the employees is not relevant and the
respondent/Management cannot take shelter of financial
incapacity. The Special Leave Petition filed against the
said decision in the Hon'ble Supreme Court of India has
been rejected.
9. There is one more judgment cited on behalf of
the petitioners in the case of Bhartiya Kamgar Sena and
others Vs. State of Maharashtra and others (Writ
Petition No.11091 of 2010) and companion Writ Petitions,
decided by this Court on 10th February, 2012, wherein
some of the petitioners were the teaching and non-
teaching staff members of the engineering colleges of
the respondent/Institutions. Almost all the objections,
which have been raised in the instant Writ Petitions,
were taken in the above-numbered Writ Petitions.
However, they were overruled and the
respondent/Institutions were directed to implement the
pay-scales as recommended by the 6th Pay Commission as
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was made available by the State of Maharashtra to the
teaching and non-teaching staff members with effect from
1st January, 2006. In this judgment, there is reference
of the judgment delivered by this Court in Writ Petition
No.333 of 2002 filed by some of the teaching and non-
teaching staff members of the respondent/Institution
running Engineering College to implement the
recommendations of the 5th Pay Commission which decision
also was challenged almost on the same grounds, which
have been taken in the present Writ Petitions, as seen
from paragraph 18 of the judgment in Writ Petition
No.11091 of 2010. However, those objections were
overruled and the respondent/Institution was directed to
pay salary and allowances to the teaching and non-
teaching staff members of the respondent/Institution as
recommended by the 5th Pay Commission. The judgment in
Writ Petition No.11091 of 2010 was challenged before the
Hon'ble the Apex Court by filing the Special Leave
Petition, but it was dismissed.
10. In view of the above-referred judgments, it is
now well settled that the teaching and non-teaching
staff members of the private institutions running the
colleges of Engineering, Technology and Polytechnic are
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liable to pay the salary and allowances to such staff
members as prescribed by the State Government from time
to time. Here, reference may be made to condition No.5
of the Undertaking given by the respondent/Institution
on 4th April, 1995, while getting approval to run the
Engineering College and Polytechnic, which reads as
under :-
"The teaching and other staff members are
being selected according to the procedure,
qualification and experience prescribed by
the Government. All faculty members are
being paid full salary and allowances as
prescribed by the State Government
regularly and in time."
11. In view of the above undertaking as well as the
judgments cited on behalf of the petitioners, we do not
find any difficulty in directing the
respondent/Institution to implement the Government
Resolutions dated 26th May, 1992 and 18th December, 1999,
the Circular dated 29th September, 2005 and the letter
dated 7th March, 2000 and to fix the pay-scales of the
petitioners as prescribed under the recommendations of
the 4th and 5th Pay Commissions with effect from 1st
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January, 1986 and 1st January, 1996, respectively.
12. During the pendency of these Writ Petitions, as
per the order dated 12th February, 2015, passed by this
Court, the Joint Director of Technical Education,
Nashik, was appointed as a Court Commissioner to
determine the amount of arrears payable to the
petitioners as per the recommendations of the 4th and 5th
Pay Commissions. Accordingly, the Court Commissioner
heard the parties and submitted the report giving detail
calculations in respect of the entitlement of the
petitioners to receive the arrears of pay and
allowances. This report has been strongly challenged on
behalf of the respondent/Institution by filing Civil
Application No.9306 of 2016 on about ten grounds.
13. The learned Counsel for the
respondent/Institution submits that the Court
Commissioner has wrongly considered the rate of dearness
allowance as 148% instead of 136%. The
respondent/College is located within the local limits of
village Bambhori. As per the House Rent Allowance Rules
(HRA) rates prescribed by the Government, H.R.A.
admissible to such rural area is at the rate of 5% with
a maximum of Rs.125/-. However, the Court Commissioner
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has calculated the H.R.A. at the rate of 10%, which is
meant for District headquarter. He further submits that
travelling allowance is not applicable to the Colleges
in rural area. However, the Court Commissioner has
granted the travelling allowance as well. He then
submits that the Court Commissioner has not considered
that some of the petitioners were absent from duty and
there was break in their services. However, the Court
Commissioner did not take into consideration such breaks
in the service.
14. We have perused the guidelines issued by the
Government for implementation of the pay-scales as
prescribed by the 4th and 5th Pay Commissions. It is
clear that the House Rent Allowance is admissible at the
rate of 5% with a maximum of Rs.125/- for rural area.
It is not clear as to how the Court Commissioner granted
the House Rent Allowance at the rate of 10%. Moreover,
the Court Commissioner has calculated the arrears of pay
and allowances from the dates 1st January, 1986 and 1st
January, 1996 as per the recommendations of the 4 th and
5th Pay Commissions. The learned Counsel for the
respondent/Institution relying on the judgment in the
case of Tukaram Kana Joshi Vs. Maharashtra Industrial
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Development Corporation, 2013(1) SCC 353, submits that
by the present Writ Petitions, which have been filed in
the years 2002 and 2005, the petitioners cannot claim
arrears from the year 1986 onwards since their claim
would be beyond the period of limitation. The petitions
suffer from delay and laches.
15. We find some substance in the contention of the
learned Counsel for the respondent/Institution. The
petitioners cannot claim arrears of pay and allowances
for a period of more than three years preceding the
respective dates of filing the Writ Petitions since the
claim beyond three years would be barred by limitation.
Even in the case of Vijay Vynkatesh Bindur (Supra),
cited on behalf of the petitioners, while accepting the
entitlement of the petitioners therein to get salary
salary and allowances as recommended by the 4th and 5th
Pay Commissions, as seen from the paragraph 7 of the
judgment, this Court directed the respondent/management
to pay the salary and allowances as per the
recommendations of the 4th Pay Commission and 5th Pay
Commission with effect from the period of three years
preceding the date of filing of the Writ Petition. In
the circumstances, though the petitioners in the present
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case are entitled to get fixed their salary and
allowances as prescribed by the 4th and 5th Pay
Commissions with effect from 1st January, 1986 and 1st
January, 1996 onwards, however, they cannot get actual
monetary benefits in the form of arrears of pay and
allowances in respect of the period beyond three years
preceding the respective dates of filing the Writ
Ptitions since their claim for arrears of pay and
allowances beyond three years from the respective date
of filing the Writ Petitions would be barred by
limitation. In the circumstances, the calculations made
by the Court Commissioner cannot be acted upon.
16. We, however, make it clear that the factual
disputes raised by the learned Counsel for the
respondent/Institution about breaks in service in
respect of some of the petitioners, rate of D.A., Rate
of H.R.A., entitlement to get traveling allowance, etc.,
cannot be taken into consideration in exercise of writ
jurisdiction of this Court. The respondent/Institution
will have to consider such disputes at its own level
with reference to individual cases of the petitioners.
In case, any of the petitioners is not satisfied with
the decision of the respondent-Institution, he may take
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recourse to the appropriate remedy for redressal of his
grievance. The respondent-Institution, while
calculating the arrears of pay and allowances of the
petitioners, also may take into consideration the
relevant Government Resolutions, Circulars, etc. in
respect of the rates of House Rent Allowance, dearness
allowance, the travelling allowance etc. and after
hearing the petitioner concerned, determine his claim
for arrears of pay and allowances.
17. Petitioner no.4 - Dineshkumar s/o Uttamrao
Adokar in Writ Petition No.7410 of 2005 has withdrawn
himself from the petition. Hence, so far as the said
petitioner is concerned, Writ Petition No.7410 of 2005
stood disposed of without any directions.
18. It is the case of some of the petitioners that
their services have been terminated by the respondent-
Institution with effect from 31st March, 2006.
Therefore, they would be entitled to get pay and
allowances as per the pay-scales made applicable by the
State Government as recommended by 6th Pay Commission as
well. We accept this contention and hold that the said
petitioners would be entitled to get the pay-scales
prescribed by the 6th Pay Commission with effect from 1st
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January, 2006.
19. The petitioner in Writ Petition No.163 of 2002
has resigned from service with effect from 31st July,
1999. He has filed the said Writ Petition on 2 nd April,
2001. He would be entitled to get his pay scale fixed as
recommended by 4th and 5th Pay Commissions, but would get
arrears of pay and allowances with effect from three
years preceding the date of filing the Writ Petition
till 31st July, 1999.
20. In the above circumstances, we party allow the
Writ Petitions with the following order :-
O R D E R
(i) The respondent/Institution shall fix the pay and allowances of the petitioners as prescribed by the 4th, 5th and 6th Pay Commissions with effect from 1st January, 1986, 1st January, 1996 and 1st January, 2006, respectively, and pay them the arrears thereof in respect of the period of three years preceding the respective dates of filing of the above-numbered Writ Petitions till they were serving with the respondent/Institution.
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(ii) The arrears of pay and allowances shall be paid to the petitioners within a period of four months from today, failing which the respondent/Institution would be liable to pay interest thereon at the rate of Rs.9% per annum from the date of this order till payment thereof.
(iii) Petition No.4 in Writ Petition No.7410 of 2005 is not entitled to get benefit of this order since he has withdrawn himself from the petition.
(iv) Rule is made partly absolute in the above terms.
(v) The parties shall bear their own costs.
(vi) In view of disposal of Writ Petitions, all the pending Civil Applications stand disposed of.
[SANGITRAO S. PATIL] [T.V. NALAWADE]
JUDGE JUDGE
npj/wp7410-2005+
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