Case Note & Summary
The judgment concerns three writ petitions filed by Associate Professors at Late Dr. Shankarrao Satav Arts and Commerce College, Kalamnuri, challenging communications dated 21.02.2013 and 28.06.2013 that revised their pay fixation. The petitioners, Ramkisan Shamrao Musale, Sahebrao Pandharinath Bhalerao, and Dhondoba Namdeo Sandve, were appointed as Assistant Professors on different dates and later promoted to Associate Professors. They contended that their pay fixation should be based on the date of their initial appointment as Assistant Professors, as per University Ordinances and Government Resolutions. The respondents, including the State of Maharashtra and the University, argued that the pay fixation was correctly done based on the date of promotion. The court found that the impugned communications were issued without giving the petitioners an opportunity of hearing, violating principles of natural justice. The court set aside the communications and directed the respondents to reconsider the pay fixation after affording a hearing to the petitioners, in accordance with the applicable rules and ordinances.
Headnote
A) Service Law - Pay Fixation - Revised Pay Scales - Petitioners, Associate Professors, challenged communications revising their pay fixation - Court held that the impugned communications were issued without affording opportunity of hearing to petitioners, violating principles of natural justice - Also, pay fixation must be in accordance with University Ordinances and Government Resolutions - Held that impugned communications are set aside and respondents are directed to reconsider pay fixation after hearing petitioners (Paras 1-10).
Issue of Consideration
Whether the impugned communications dated 21.02.2013 and 28.06.2013 revising the petitioners' pay fixation are legal and valid, and whether the petitioners are entitled to pay fixation in accordance with the University Ordinances and Government Resolutions.
Final Decision
The impugned communications dated 21.02.2013 and 28.06.2013 are set aside. Respondents are directed to reconsider the pay fixation of the petitioners after affording them an opportunity of hearing, in accordance with the applicable rules and ordinances.
Law Points
- Natural Justice
- Pay Fixation
- Service Law
- University Ordinances
- Revised Pay Scales
- Government Resolutions
