Case Note & Summary
The writ petitions were filed before the High Court of Judicature at Bombay, Bench at Nagpur, by Assistant Professors and Lecturers employed at Bapurao Deshmukh College of Engineering, Sevagram, Wardha, a private engineering college run by Yeshwant Rural Education Society. Petitioners in two separate writ petitions sought directions against the College, its management, the State of Maharashtra, the All India Council for Technical Education (AICTE), and the Rashtrasant Tukdoji Maharaj Nagpur University for payment of salary arrears. Petitioners claimed that the recommendations of the VI Central Pay Commission were implemented with effect from 01.01.2006 to 31.12.2015, and the VII CPC was implemented with effect from 01.10.2016. Despite being entitled, they were deprived of revised pay as recommended. Some teachers were appointed prior to 01.01.2006 and some after. Additionally, regular salary had not been paid from 01.05.2018. Petitioners sought arrears of difference of salary as per VI CPC from 01.01.2006 to 31.12.2015 with 12% per annum interest; arrears as per VII CPC from 01.01.2016 onwards with interest; and arrears of regular salary from 01.05.2018 with interest. They also sought directions to AICTE and University to ensure compliance, and to disaffiliate/derecognize the College on failure. The court was called upon to consider whether the writ petitions were maintainable in view of the alternative remedy available before the Grievance Committee under Section 79 of the Maharashtra Public Universities Act, 2016; whether the petitioners were entitled to revised pay scales and arrears as per the VI and VII CPC and UGC regulations; and whether the University had power to enforce compliance against the College and Management. Petitioners contended that the State, AICTE, University, Management, and College had failed to discharge their obligations, compelling them to approach the court. They relied on AICTE notifications, Government Resolutions, University office orders, the Maharashtra Public Universities Act, 2016, the All India Council for Technical Education Act, 1987, and rulings of the High Court and Supreme Court. The University, through counsel, argued that the grievance squarely fell within the jurisdiction of the Grievance Committee under Section 79; orders of that Committee were appealable; penal action could be taken for non-compliance; and the University could take disciplinary action under Section 108 for violation of affiliation or recognition conditions. The University also submitted that the Vice-Chancellor had issued Direction No. 24 of 2020 for implementation of revised pay scales as per VII CPC and UGC regulations, referring to Government Resolution dated 08.03.2019, in exercise of powers under Section 12(7). The court heard the arguments and reserved judgment. The provided text does not include the final reasoning or decision; the judgment excerpt ends during the University's submission. The court issued Rule, made it returnable forthwith, and heard the matter finally with consent, indicating urgency in resolving the salary dispute. The final holding and operative directions are not available in the provided text. The court reserved judgment on 29.08.2022 and pronounced it on 17.11.2022, but the remaining portion of the judgment beyond the initial arguments is not included. Thus, the outcome cannot be stated.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability of Writ Petition - Maharashtra Public Universities Act, 2016, Section 79 - Teachers sought writ remedy for salary arrears and revised pay; University contended that such grievances fall within the jurisdiction of the Grievance Committee constituted under Section 79 and that orders of the Committee are appealable under the Act; the court was considering whether to entertain the writ petitions despite availability of statutory remedy (Paras 7-8). B) Service Law - Pay Revision - Implementation of Central Pay Commission Recommendations - All India Council for Technical Education Act, 1987; Maharashtra Public Universities Act, 2016, Section 108 - Petitioners claimed entitlement to revised pay as per VI CPC (01.01.2006 to 31.12.2015) and VII CPC (01.10.2016 onwards) and regular salary from 01.05.2018; University submitted that it can take disciplinary action against college/management for violation of affiliation conditions, including implementation of AICTE resolutions and State/University directions (Paras 5, 8). C) Education Law - University Affiliation and Recognition - Vice-Chancellor's Directions for Pay Revision - Maharashtra Public Universities Act, 2016, Sections 12(7), 108 - University through Vice-Chancellor issued Direction No. 24 of 2020 to implement revised pay-scales of teachers in universities and affiliated colleges as per VII CPC and UGC regulations, referring to Government Resolution dated 08.03.2019; acceptance of resolution was in exercise of powers under Section 12(7); Court was examining enforceability of such directions (Paras 8-9).
Issue of Consideration
Whether writ petitions are maintainable in view of alternative remedy before Grievance Committee under Section 79 of Maharashtra Public Universities Act, 2016; Whether petitioners are entitled to revised pay scales and arrears as per VI and VII CPC and UGC regulations; Whether the University has power to enforce compliance against College/Management.
Law Points
- Teachers entitled to revised pay as per VI and VII CPC
- Grievance Committee under Section 79 of Maharashtra Public Universities Act 2016 has jurisdiction over salary grievances
- University can take disciplinary action under Section 108 for violation of affiliation conditions
- Vice-Chancellor can issue directions under Section 12(7) to implement revised pay scales
