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9. In Writ Petition No. 2035/2011 the Management has contended that as per Rule 39 (4) of the Maharashtra Non-

Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-Teaching Employees) Rules, 1984, ("Standard Code Rules 1984" for short) the encashment in respect of only 120 days can be given and it has been given to the petitioner. It is further contended that the gratuity amount is also given and the receipts are issued by the petitioner accordingly. The other contentions are similar to those made in aforesaid two petitions.

WP Nos. 11091/10 & Ors.

16. So far as non teaching staff working in universities, institutions and colleges from Maharashtra is concerned, in G.R. dated 11.2.1980 the State Government had first time prepared hierarchical structure for clerks and administrative staff. This structure was to be applied to affiliated colleges and the pay scales were also fixed accordingly. The aforesaid Standard Code Rules 1984 prepared for non teaching staff by the State Government show that they are made to determine the terms and conditions of service of non teaching employees working in non agricultural universities and affiliated colleges. Rules 3, 16 and 17 can be referred to see as to who are covered under these Rules.

with the State Government to fix the pay scales and also to revise the pay scales from time to time.

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 recognized 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 WP Nos. 11091/10 & Ors.

so no directions can be issued under Article 226 of Constitution of India against it.

19. In the judgment of Writ Petition No. 333/02 at para Nos. 11 and 12, this Court (Coram : F.I. Rebello & N.V. Dabholkar, JJ.) has observed that as the recognition is given to such colleges by A.I.C.T.E. and as such colleges are also affiliated with universities, the Management is bound to comply with the terms and conditions of recognition and affiliation. Affidavit on behalf of A.I.C.T.E. was filed in Writ Petition No. 333/2002 and the Court also considered the conditions imposed by A.I.C.T.E. in letter dated 18.6.2001 when the recognition was continued. Specific direction was given to the College that it should implement the report of 5th Pay Commission in respect of revision of pay scales, both in favour of teaching and non teaching staff. In para No. 13 of the judgment, this Court had referred the Rules framed under Standard Code of 1984 and 1999, mentioned above and observed that the Management is duty bound as affiliated college to implement the pay scales. In the said petition, directions were WP Nos. 11091/10 & Ors.