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Exercising the authority conferred by the provisions in Maharashtra Universities Act, 1994, Dr. Babasaheb Ambedkar Technical University Act, 1989, Smt. Nathibai Damodar Thakarsi Womens’ University, 1974 and Kavi Kalguru Kalidas Sanskrit University Act, 1997 the Government of Maharashtra hereby makes the rules prescribing the Standard Code providing for the terms and conditions of the service of the Non-Teaching employees of the Non-Agricultural Universities in the Maharashtra State (including its officers) and of those of the affiliated colleges and recognised institutions other than those manager and maintained by the State Government and Local Authorities. the various organizations described thereunder. The expression standard code is traceable to Section 8(3) 8 of the Maharashtra Universities Act, 1994 which authorises the State to make rules providing for the various aspects of employment of officers, teachers and other employees of the Universities, affiliated colleges and recognised institutions. It further declares that when such Rules are made they would prevail over any other subordinate legislation made by any statutory authority functioning under the Act.

20. Hence, these appeals by the employers.

21. Before we proceed to examine the correctness of the judgment under appeal and the various grounds on which the same is challenged, we think it appropriate to note the reasons given by the High Court for the conclusion reached by it.

22. The relevant paragraph containing “reasons” for the decision is See paras 26 and 29(iii) of the impugned judgment See para 27 of the impugned judgment para 17 of the impugned judgment.

“17. A copy of G.R. dated 4.2.1999 issued by the State Government under section 8 of the Maharashtra Universities Act, 1994 shows that from 1.1.1996 the State Government provided Standard Code of 1999 and it made changes in the Standard Code Rules of 1984. The pay scales came to be revised for non-teaching staff of non-agricultural universities of Maharashtra and also for non-teaching staff working in affiliated colleges and recognised institutions. A copy of notification issued by the State Government on 7.10.2009 shows that another revision of pay scales was done with effect from 1.1.2006. This time it was specifically mentioned that the G.R. was issued for non teaching staff working in universities and colleges receiving grants-in-aid from the Government. The aforesaid G.Rs. and Standard Code Rules 1984 show that both aided and unaided colleges must have hierarchical structure of clerical staff/administrative staff as provided in Standard Code Rules. In view of Rules 16(2) of Rules of 1984, it further follows that the time-scale of such staff and allowances shall be as prescribed by the State Government and as revised by the State Government from time to time. After every 10 years the State Government revises the pay scales and G.Rs. are issued in that regard. Though the notification or G.Rs. of year 2009 now cover the aided institutions, they are for the purpose of showing financial liability of the State Government. As in view of Rule 16(2) of Rules of 1984, such policy decision changes the pay scales of different classes of staff provided in 1984 Rules, the scales automatically apply to unaided institutions also, though they are not specifically mentioned in the G.R. These institutions are also covered under the State Legislature and so they are bound by the policy decision taken by the State in this regard.”

23. The service conditions of the non-teaching employees of the affiliated colleges in the State of Maharashtra were earlier governed by a set of Rules known as the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-teaching employees) Rules, 1984 (hereafter “1984 Rules”).

24. In exercise of the power under Section 8(3) of the Maharashtra Universities Act, the Government of Maharashtra made Rules known as the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (revised pay of non-teaching employees) Rules, 1999 (hereafter “1999 Rules”). Under Rule 12 of the said Rules it is provided as follows:

27. In the year 2009 the Government of Maharashtra framed another set of Rules known as Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Non Teaching Employees Revised Pay) Rules, 2009 (hereafter “2009 Rules”). Rule 17 of the said Rules reads as follows:

Rule 17. The overriding effect of rules- Barring unless otherwise provided for in these rules in cases where pay has been regulated as per these rules the provisions in the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Service and Conditions of the non-teaching employees) Rules, 1984 if inconsistent with these rules then would not apply up to that limit.