Case Note & Summary
The petitioners, Yeshwant Shikshan Prasarak Mandal and its B.Ed. College, filed a writ petition under Article 226 of the Constitution of India challenging a communication dated 19th October, 2013 issued by Respondent No.2, Shivaji University. The communication informed the petitioners that the Grievances Committee had decided that the petitioners shall make payment of all arrears to Respondent No.1, a lecturer, as per the Rules within one month and submit a compliance report. The decision was approved by the Management Council under Section 57(2) of the Maharashtra Universities Act, 1994. The petitioners contended that the communication was without jurisdiction and that the Grievances Committee had no authority to direct payment. The court noted that Respondent No.1 was appointed as a Lecturer in Education (Hindi) in the pay scale of Rs.2200-4000, and his appointment was approved by the University. A grievance was raised by staff members regarding pay and service conditions, leading to an agreement on 25th August, 2003 between the management and staff extending benefits of the 5th Pay Commission. The court observed that the petitioners had not complied with the directions and that the Grievances Committee's decision was binding. The court dismissed the petition, holding that the communication was valid and the petitioners must comply with the decision.
Headnote
A) University Law - Grievance Committee - Section 57(2) Maharashtra Universities Act, 1994 - Binding Nature of Decision - The Grievance Committee's decision directing payment of arrears to a lecturer, approved by the Management Council, is binding on the educational institution. The court held that the petitioners cannot challenge the communication as the decision was taken after considering the agreement between the management and staff, and the petitioners failed to comply with the directions. (Paras 1-9)
B) Service Law - Pay Arrears - Agreement between Management and Staff - Enforceability - An agreement executed on 25th August, 2003 between the management and staff members extending benefits of 5th Pay Commission is binding. The court held that the petitioners cannot unilaterally withdraw from the agreement and must pay arrears as per the rules. (Paras 3-9)
Issue of Consideration
Whether the communication dated 19th October, 2013 issued by Shivaji University directing the petitioners to make payment of all arrears to Respondent No.1 as per the Rules is valid and binding on the petitioners.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Grievance Committee decision under Section 57(2) of Maharashtra Universities Act
- 1994 is binding on management
- Management cannot unilaterally withdraw from agreement with staff
- Payment of arrears as per rules is mandatory
Case Details
2016 LawText (BOM) (01) 32
Writ Petition No.1908 of 2014
Naresh H. Patil, G.S. Kulkarni
Mr. M.S. Topkar for Petitioners, Mr. C.G. Gavnekar for Respondent No.1, Mr. Amit B. Borkar for Respondent No.2, Mr. P.P. Kakade, AGP for Respondent No.3
Yeshwant Shikshan Prasarak Mandal & Yeshwant Shikshanshashtra Mahavidyalay (B.Ed. College)
Mr. Sadashiv Balkrishna Raktade, Shivaji University, State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging a communication from Shivaji University directing payment of arrears to a lecturer.
Remedy Sought
Petitioners sought quashing of communication dated 19th October, 2013 from Respondent No.2 University directing payment of arrears to Respondent No.1.
Filing Reason
Petitioners contended that the Grievances Committee's decision was without jurisdiction and that the communication was not binding.
Previous Decisions
Grievances Committee decision dated 19th October, 2013 approved by Management Council under Section 57(2) of Maharashtra Universities Act, 1994.
Issues
Whether the communication dated 19th October, 2013 issued by Shivaji University is valid and binding on the petitioners.
Whether the Grievances Committee had jurisdiction to direct payment of arrears.
Submissions/Arguments
Petitioners argued that the communication was without jurisdiction and that the Grievances Committee had no authority to direct payment.
Respondents argued that the decision was taken after considering the agreement between management and staff and was binding.
Ratio Decidendi
The Grievances Committee's decision under Section 57(2) of the Maharashtra Universities Act, 1994, approved by the Management Council, is binding on the educational institution. The management cannot unilaterally withdraw from an agreement with staff and must comply with the directions to pay arrears as per rules.
Judgment Excerpts
By this petition under Article 226 of the Constitution of India, the Petitioners assail the communication dated 19th October,2013 issued by Respondent No.2 – Shivaji University, whereby the Petitioners are informed that the Grievances Committee has taken a decision that the Petitioners shall make payment of all arrears to Respondent No.1 as per the Rules within one month from the date of the said letter and submit a report of compliance to the University.
The communication also records that this decision of the Grievances Committee has been approved by the Management Council under Section 57(2) of the Maharashtra Universities Act, 1994 (for short “the Act”).
Procedural History
The petitioners filed Writ Petition No.1908 of 2014 in the High Court of Judicature at Bombay challenging the communication dated 19th October, 2013 from Shivaji University. The petition was heard and disposed of on 18th January, 2016.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 57(2)
- Constitution of India: Article 226
