Bombay High Court
Adiwasi Deomogra Education Societys ... vs Ramesh Jairam Patil And Others on 18 July, 2024
{1}
938 sr.no..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1433 OF 2024
Adiwasi Deomogra Education Societys Through Its Chairman
....Petitioner
VERSUS
Ramesh Jairam Patil And Others
.....Respondent
.....
Advocate for the Petitioner : Mr. P.R. Katneshwarkar h/f. Khot Abhinay
D.
Advocate for respondents : Mr. S.R. Barlinge.
WITH
WRIT PETITION NO. 1434 OF 2024
CORAM : S.G. CHAPALGAONKAR, J.
DATE : 18TH JULY, 2024.
ORDER :-
1. Heard Mr. Katneshwarkar, learned advocate for the petitioner and Mr. Barlinge, learned advocate for the respondents.
2. Respondents/employees are litigating for getting legitimate salary arrears from the petitioner institution. Earlier, they raised the Grievance Committee. The Grievance Committee partly allowed their grievance and issued directions for release of arrears of salary. The management as well as the employees approached the University and College Tribunal. The Tribunal passed the following order :-
" i) Appeal No KBCNMU 2 of 2020 and Appeal No. KBCNMU 1 of 2023 are partly allowed;
ii) The impugned order, dated 25.11.2019 passed by the {2} 938 sr.no..odt Grievance Committee in Complaint No.1 of 2019 is modified as below :-
(a) Respondent Adiwasi Deomogra Education Society, Dhanora, through its Chairman, is hereby directed to pay Mr. Ramesh Jairam Patil and Mr. Rameshwar Bhimsing Banjara the teachers unpaid remuneration/salary at the rate of Rs. One Lakh per year each from the date of their respective appointments till 14.7.2009 and thereafter as per regular pay scale mentioned in charts and abstracts Exh.12 which are on the record of Complaint No.1 of 2019 with interest at the rate of six per cent per annum from the period when unpaid remuneration/salary became due till full realization within the period of six months.
(b) Respondent No.2 Kavyatri Bahinabai Chaudhari North Maharashtra University, Jalgaon, through its Registrar is directed to take appropriate steps/decision, in accordance with Section 79(4) of the Maharashtra Universities Act of 1994 for absorption of Mr. Ramesh Jairam Patil and Mr. Rameshwar Bhimsing Banjara the teachers as directed by Hon'ble High Court in Writ Petition No. 9055 of 2012 within six months.
iii) In the peculiar circumstances of the case, parties to bear their own costs.
iv) Original judgment be kept in the record of Appeal KBCNMU No.1 of 2023 and it's true copoy be kept in the record of Appeal KBCNMU No.2 of 2020."
3. Mr. Katneshwarkar, learned advocate for the petitioner, in his endeavour to assail the order passed by the Tribunal, relies upon the judgment of the Supreme Court of India in the matter of Union of India vs. Tarakh Singh reported (2018) 8 SCC 648, to contend that the arrears of recovery can not be permitted for more than 3 yeas. He has placed on record calculations of arrears and submits that entitlement of the respondents could not have been beyond Rs. 5,53,421/-.
4. Per contra, Mr. Barlinge, learned advocate for respondents {3} 938 sr.no..odt submits that on 28.7.2011, the petitioner approached the Grievance committee. The Grievance committee issued certain directions and the learned University and College Tribunal, after considering rival submissions found that respondents have been wrongly denied salary as per pay scale. He points out that respondents' services were approved from 2009 as Full Time Teachers and they were entitled for salary as per scale.
5. Having considered the submission advanced, issue notice to respondents returnable on 29.8.2024.
6. Considering the reasoning as adopted by the Tribunal, it would be appropriate to direct the petitioner to deposit an amount of Rs. 15 Lakh each, towards arrears of salary of respondents/teachers by way of ad-hoc arrangement. This arrangement shall be subject to the final outcome of the petition.
7. Petitioner to deposit Rs. 15 Lakh for each respondent, towards arrears within a period of six weeks. On deposit of such amount, the respondents/teachers shall be entitled to withdraw the same by furnishing an undertaking to the Registrar (Judicial) of this Court that in case an adverse order is passed in the writ petition, they shall refund the amount as directed by this court.
8. Parties are put on notice that writ petitions would be heard finally at the stage of admission.
[S.G. CHAPALGAONKAR] JUDGE grt/-