Case Note & Summary
The petitioner, Sudhakar Chindhusa Savvalakhe, was employed as an Accountant at Shivaji College of Physical Education, Amravati, a college affiliated to Amravati University and under the administrative control of the Social Justice Department of the State of Maharashtra. He was initially appointed in the pay scale of Rs.1640-2900. In 1999, the State Government issued the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Revised Pay of Non-Teaching Employees) Rules, 1999, revising the pay scale for Accountants to Rs.5500-9000, effective from 1-1-1996. However, these Rules were applicable only to non-teaching employees in colleges under the Higher and Technical Education Department. The petitioner sought the same revised pay scale, arguing that his college, though under the Social Justice Department, was similarly situated. The respondents opposed, stating that the Rules did not apply to colleges under the Social Justice Department. The court examined the notification and the Standard Code, noting that the Rules were framed under Section 8(3) of the Maharashtra Universities Act, 1994, and specifically excluded colleges run by the Government of Maharashtra and local bodies. The court found that the college was under the Social Justice Department, not the Higher and Technical Education Department, and thus the Rules did not apply. The court also rejected the petitioner's argument of discrimination under Article 14, holding that the classification between colleges under different departments was reasonable and based on intelligible differentia. The petition was dismissed, and no order as to costs.
Headnote
A) Service Law - Pay Revision - Applicability of Rules - The Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Revised Pay of Non-Teaching Employees) Rules, 1999 - The petitioner, an Accountant in Shivaji College of Physical Education, Amravati, sought revision of pay scale from Rs.1640-2900 to Rs.5500-9000 under the 1999 Rules. The court held that the Rules apply only to colleges under the Higher and Technical Education Department, and the respondent college is under the Social Justice Department, hence the petitioner is not entitled to the revised pay scale. (Paras 1-6)
B) Constitutional Law - Article 14 - Reasonable Classification - The court rejected the argument of discrimination, holding that the classification between colleges under different departments is reasonable and based on intelligible differentia, as the Rules were specifically framed for colleges under the Higher and Technical Education Department. (Para 7)
Issue of Consideration
Whether the petitioner, an Accountant in a college under the Social Justice Department, is entitled to the revised pay scale under the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Revised Pay of Non-Teaching Employees) Rules, 1999, which apply to colleges under the Higher and Technical Education Department.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Pay revision rules apply only to colleges under Higher and Technical Education Department
- colleges under Social Justice Department are excluded
- no discrimination under Article 14 if classification is reasonable
Case Details
2017 LawText (BOM) (11) 148
Writ Petition No.3240 of 2011
R.K. Deshpande, M.G. Giratkar
Shri R.S. Parsodkar for Petitioner, Shri S.S. Doifode for Respondent Nos.1 to 3
Sudhakar Chindhusa Savvalakhe
The State of Maharashtra, Department of Social Justice, Cultural and Sports Division; The State of Maharashtra, Department of Finance; The Director of Sports and Youth Services, Maharashtra State; Principal, Shivaji College of Physical Education, Amravati; State of Maharashtra, Department of Higher and Technical Education
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Nature of Litigation
Writ petition seeking direction to revise pay scale of petitioner as per the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Revised Pay of Non-Teaching Employees) Rules, 1999.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to revise his pay scale from Rs.1640-2900 to Rs.5500-9000 with arrears.
Filing Reason
Petitioner's pay scale was not revised under the 1999 Rules because his college was under the Social Justice Department, not the Higher and Technical Education Department.
Issues
Whether the petitioner is entitled to the revised pay scale under the 1999 Rules given that his college is under the Social Justice Department?
Whether the classification between colleges under different departments violates Article 14 of the Constitution?
Submissions/Arguments
Petitioner argued that he is similarly situated to non-teaching employees in colleges under the Higher and Technical Education Department and should receive the same revised pay scale.
Respondents argued that the 1999 Rules apply only to colleges under the Higher and Technical Education Department, and the petitioner's college is under the Social Justice Department, hence not covered.
Ratio Decidendi
The Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Revised Pay of Non-Teaching Employees) Rules, 1999, apply only to colleges under the Higher and Technical Education Department. Colleges under the Social Justice Department are not covered by these Rules. The classification is reasonable and does not violate Article 14.
Judgment Excerpts
The petitioner was working as Accountant with effect from 14-1997 in the respondent No.4-Shivaji College of Physical Education, Amravati, in the pay scale of Rs.1640-2900, as was revised as per the recommendations of the Fifth Pay Commission.
The Department of Higher and Technical Education, State of Maharashtra, in exercise of its power conferred by Section 8 of the Maharashtra Universities Act, issued a notification dated 4-2-1999, revising the pay scales of non-teaching employees (including officers) working in the Non-Agricultural Universities and Affiliated Colleges, excluding the Colleges run by the Government of Maharashtra, and the local bodies.
The pay scale of Rs.1640-2900 available to the post of Accountant in the non-government colleges attached to Non-Agricultural Universities was revised to Rs.5500-9000.
The petitioner being working on the post of Accountant in the respondent No.4-College, which is under the Social Justice Department, is not entitled to the revised pay scale under the 1999 Rules.
Procedural History
The petitioner filed Writ Petition No.3240 of 2011 before the Bombay High Court, Nagpur Bench, seeking revision of pay scale. The judgment was reserved on 10-11-2017 and pronounced on 20-11-2017.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 8, Section 8(3)
