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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:

“Rule 12. Overriding Effect of Rules:

The provisions of the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Non-Teaching Employees) Rules, 1984, shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules.”

25. Though it is a little difficult to interpret the meaning of the highlighted portion of the Rules in terms of the settled principles of the Interpretation of the Statutes, having regard to the context we believe that the Rule maker intended to declare that the 1984 Rules insofar as they are inconsistent with the 1999 Rules should give way to the latter. In other words, the 1984 Rules are not totally repealed. They still operate if they are not inconsistent with the 1999 Rules.

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.