Case Note & Summary
The petitioner, Maharashtra Association of Social Work Educators, representing teachers and non-teaching employees of aided Colleges of Social Work in Maharashtra, filed a writ petition seeking a declaration that the Government Resolution dated 8-3-2011 is illegal to the extent it denies arrears of pay scales of the Sixth Pay Commission to non-teaching employees for the period from 1-1-2006 to 31-3-2010. The pay scales of non-teaching employees in aided colleges affiliated to Non-Agricultural Universities were revised with effect from 1-1-2006 pursuant to the Maharashtra Non-Agricultural Universities Standard Code (Revision of Pay of Non-Teaching Employees) Rules, 2009, notified on 7-10-2009. Rule 16 of these Rules entitled non-teaching employees to arrears from 1-1-2006 to 31-3-2009. However, the Department of Social Justice and Special Assistance issued a Government Resolution on 8-3-2011 which, while revising pay scales for employees of Social Work Colleges, denied arrears for the period from 1-1-2006 to 31-3-2010. The petitioner contended that this denial was arbitrary and discriminatory. The respondents argued that the Government Resolution was a policy decision and that the financial burden was a consideration. The Court analyzed the provisions of the 2009 Rules and found that the Government Resolution was inconsistent with the Rules and therefore illegal. The Court held that the non-teaching employees are entitled to arrears from 1-1-2006 to 31-3-2010 as per the Rules. The Court quashed the Government Resolution to the extent it denied arrears and directed the respondents to release the arrears within three months. The petition was allowed.
Headnote
A) Service Law - Pay Revision - Arrears - Government Resolution dated 8-3-2011 denying arrears of Sixth Pay Commission to non-teaching employees of aided Social Work Colleges for the period 1-1-2006 to 31-3-2010 - The Court held that the Government Resolution is illegal and quashed it to the extent it denies arrears - The employees are entitled to arrears from 1-1-2006 to 31-3-2010 as per the Maharashtra Non-Agricultural Universities Standard Code (Revision of Pay of Non-Teaching Employees) Rules, 2009 - The Court directed the respondents to release the arrears within three months (Paras 1-5).
Issue of Consideration
Whether the Government Resolution dated 8-3-2011 denying arrears of Sixth Pay Commission to non-teaching employees of aided Social Work Colleges for the period 1-1-2006 to 31-3-2010 is illegal and whether the employees are entitled to such arrears.
Final Decision
The petition is allowed. The Government Resolution dated 8-3-2011 is quashed to the extent it denies arrears of Sixth Pay Commission to non-teaching employees for the period 1-1-2006 to 31-3-2010. The respondents are directed to release the arrears within three months.
Law Points
- Government Resolution cannot deny arrears of pay revision when rules provide for retrospective effect
- Right to equal pay for equal work
- Arrears of pay revision are a vested right
