Case Note & Summary
The petitioner, an association of superannuated teachers, filed a writ petition seeking a declaration that the recommendations of the Hakim committee are not applicable for deciding pensionary benefits for teaching staff in universities and colleges in Maharashtra, and that the Government Resolutions dated 05/05/2009 and 12/08/2009 be quashed. They also sought a declaration that superannuated teachers who retired between 1/1/1996 to 31/12/2005 are entitled to minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006 as a result of implementation of the 6th Pay Commission. The respondents included the Union of India, State of Maharashtra, Director of Higher Education, and University Grants Commission. The court considered the submissions of the parties and examined the relevant UGC Regulations and Government Resolutions. The court held that the Hakim committee recommendations are not applicable to teaching staff and that the Government Resolutions are valid. Further, the court held that the UGC Regulations do not provide for retrospective revision of pension for those who retired before the date of implementation of the revised pay scales. Consequently, the petition was dismissed.
Headnote
A) Service Law - Pension Revision - Applicability of Pay Commission Recommendations - Hakim Committee - The recommendations of Hakim committee are not applicable for deciding pensionary benefits for teaching staff working in universities and colleges in Maharashtra. The Government Resolutions dated 05/05/2009 and 12/08/2009 are valid and not liable to be quashed. (Paras 1-3)
B) Service Law - Pension - Entitlement of Pre-2006 Retirees - UGC Regulations - The superannuated teachers who retired between 1/1/1996 to 31/12/2005 are not entitled to minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006 as a result of implementation of 6th Pay Commission. The UGC Regulations do not provide for retrospective revision of pension for those who retired before the date of implementation. (Paras 1-3)
Issue of Consideration
Whether the superannuated teachers who retired between 1/1/1996 to 31/12/2005 are entitled to minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006 as a result of implementation of 6th Pay Commission and whether the recommendations of Hakim committee are applicable for deciding pensionary benefits for teaching staff in universities and colleges in Maharashtra.
Final Decision
The petition is dismissed. The court held that the recommendations of Hakim committee are not applicable for deciding pensionary benefits for teaching staff and that the Government Resolutions dated 05/05/2009 and 12/08/2009 are valid. The superannuated teachers who retired between 1/1/1996 to 31/12/2005 are not entitled to minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006.
Law Points
- Pension revision
- applicability of Pay Commission recommendations
- UGC Regulations
- Hakim Committee
- retrospective effect of pay revision
- entitlement of pre-2006 retirees
Case Details
2015 LawText (BOM) (06) 7
WRIT PETITION NO. 4292 OF 2013
Mr. Pradeep Deshmukh h/f Mr. Y.R. Barhate, Advocate for the Petitioner; Mr. G.R. Ingole, A.G.P. for the Respondent/State; Mr. Alok Sharma, ASG for Respondent No.4; Mr. R.B. Bagul, Advocate for Respondent No.1
Association of college and University superannuated teachers (Maharashtra)
Union of India, State of Maharashtra, Director of Higher Education, University Grants Commission
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Nature of Litigation
Writ petition seeking declaration regarding applicability of Hakim committee recommendations and entitlement to pension revision for retired teachers.
Remedy Sought
Declaration that Hakim committee recommendations are not applicable for teaching staff and that Government Resolutions dated 05/05/2009 and 12/08/2009 be quashed; declaration that superannuated teachers retired between 1/1/1996 to 31/12/2005 are entitled to minimum 50% pension of revised pay scales w.e.f. 1/1/2006.
Filing Reason
The petitioner association sought to challenge the applicability of Hakim committee recommendations and to claim pension benefits based on 6th Pay Commission for teachers who retired before 2006.
Issues
Whether the recommendations of Hakim committee are applicable for deciding pensionary benefits for teaching staff in universities and colleges in Maharashtra?
Whether the superannuated teachers who retired between 1/1/1996 to 31/12/2005 are entitled to minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006?
Submissions/Arguments
Petitioner argued that Hakim committee recommendations should not apply to teaching staff and that pre-2006 retirees are entitled to revised pension under 6th Pay Commission.
Respondents contended that the Government Resolutions are valid and that UGC Regulations do not provide for retrospective pension revision.
Ratio Decidendi
The Hakim committee recommendations are not applicable to teaching staff in universities and colleges. The UGC Regulations do not provide for retrospective revision of pension for those who retired before the implementation of revised pay scales. Therefore, pre-2006 retirees are not entitled to pension based on 6th Pay Commission.
Judgment Excerpts
This Petition is filed with the following prayers :
B] By issue of writ of mandamus or appropriate writ or direction of like nature it be declared that the recommendations of Hakim committee are not applicable for deciding pensionary benefits for the category of teaching staff working in universities and colleges in Maharashtra in general and the government Resolution dated 05/05/2009 and the government Resolution dated 12/08/2009 be quashed and set aside.
C] By issuing writ of mandamus or appropriate writ or direction of like nature it be declared that the superannuated teachers retired between 1/1/1996 to 31/12/2005 are entitled for minimum 50% pension of the revised pay scales introduced w.e.f. 1/1/2006 as a result of implementation of 6th pay commission and as such the
Procedural History
The petition was filed in 2013, reserved on 08.05.2015, and pronounced on 09.06.2015.
Acts & Sections
- Society's Registration Act:
