Case Note & Summary
The writ petition was filed by thirteen non-teaching staff members of Shri Sant Gadge Baba Polytechnic, Bhusawal, run by Hind Seva Mandal, seeking enforcement of a Government Circular dated 29 September 1995 issued by the Directorate of Technical Education, Maharashtra State. The circular directed non-aided private institutions to pay salary and allowances as per pay scales prescribed by the Government. The petitioners had been working for several years and claimed that despite representations, the respondents failed to comply. Earlier, the Teachers Association had filed writ petition No.364 of 1999, leading to a High Court order on 23 April 1999 directing payment, upheld by the Supreme Court, but still not implemented. When the institution prevented staff from resuming duties in June 1999, the Association filed another writ petition (No.3208 of 1999), resulting in orders for inquiry and suspension of admissions. The Supreme Court remanded the matter once, but after rehearing, the High Court on 3 July 2001 again directed implementation. The respondents' special leave petition and review were dismissed by the Supreme Court. Contempt proceedings were initiated. The present petitioners, who were part of the non-teaching staff, sought disbursement of pay and allowances and arrears with 15% interest for the period 1 September 1995 to 19 May 1999. The case was heard and judgment reserved on 29 August 2017. The text of the judgment provided cuts off before the final decision. The High Court had to consider whether the petitioners were entitled to the benefits and whether the earlier orders could be enforced despite closure of the institution.
Issue of Consideration
Whether the non-teaching staff of a non-aided private polytechnic are entitled to receive salary and allowances as per the Government Circular dated 29 September 1995 and whether the respondents are bound to implement the said circular and earlier court orders
Law Points
- Mandamus to enforce government circular on pay scales
- obligation of non-aided private institutions under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- binding effect of undertaking given at recognition
- contempt for non-implementation of court orders
- liability for arrears of salary
