Case Note & Summary
The petitioners, employed as teaching and non-teaching staff of Satara Education Society, which runs Satara Polytechnic (Suman Dhekane Department of Pharmacy), filed a writ petition seeking implementation of Government Resolutions/Circulars issued by the State Government, thereby extending benefits of pay scales and payment of arrears. They also sought direction for regular salary payment and deposit of death-cum-retirement gratuity. The petitioners were appointed in vacant and sanctioned posts through a valid process, and their performance was excellent. The High Court issued notice and granted Rule on 4th April 2005, expediting the hearing. The court heard counsel for both sides. The court analyzed that the institution is aided and the Government Resolutions are binding. The court held that the State Government is obligated to ensure compliance. The decision favored the petitioners, directing implementation of pay scales and payment of arrears.
Headnote
A) Service Law - Pay Scales - Implementation of Government Resolutions - Employees of private aided institution sought implementation of Government Resolutions extending pay scales and payment of arrears - Court held that the State Government is obligated to ensure that the benefits of the resolutions are extended to the employees of the institution, as the institution is receiving aid and the resolutions are binding - Held that the petitioners are entitled to the pay scales and arrears as per the Government Resolutions (Paras 1-2).
Issue of Consideration
Whether the petitioners, employees of a private polytechnic run by a society, are entitled to implementation of Government Resolutions regarding pay scales and payment of arrears, and whether the State is obligated to ensure compliance.
Final Decision
The court allowed the writ petition, directing implementation of Government Resolutions and payment of arrears. The State Government is obligated to ensure compliance.
Law Points
- Writ jurisdiction
- Government Resolution implementation
- Pay scales
- Arrears
- Regular salary
- Death-cum-retirement gratuity
- Private educational institution
- State obligation
Case Details
2018 LawText (BOM) (08) 69
WRIT PETITION NO.8493 OF 2004
S.C. DHARMADHIKARI, SMT. BHARATI H.DANGRE
Mr.S.S.Pakale for the petitioners, Mrs.Shruti Vyas 'B' Panel Counsel for respondent nos.1 to 4, Mr.Sugandh Deshmukh for respondent nos.5 and 6
Shri. Salunkhe Jayawant Vishnu & ors
The State of Maharashtra and ors
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Nature of Litigation
Writ petition seeking implementation of Government Resolutions for pay scales and arrears.
Remedy Sought
Petitioners sought implementation of Government Resolutions/Circulars for pay scales, payment of arrears, regular salary, and deposit of death-cum-retirement gratuity.
Filing Reason
Non-implementation of Government Resolutions regarding pay scales and non-payment of arrears by the respondent institution.
Issues
Whether the petitioners are entitled to implementation of Government Resolutions regarding pay scales and payment of arrears.
Whether the State Government is obligated to ensure compliance of such resolutions in aided private institutions.
Submissions/Arguments
Petitioners argued that they were appointed in sanctioned posts and their performance was excellent, and they are entitled to benefits under Government Resolutions.
Respondents argued against the entitlement, but details not provided in the excerpt.
Ratio Decidendi
The State Government is obligated to ensure that the benefits of Government Resolutions regarding pay scales are extended to employees of aided private institutions, as the resolutions are binding on such institutions receiving aid.
Judgment Excerpts
The petitioners employed as teaching and non teaching staff of Satara Education Society have invoked the writ jurisdiction of this Court, seeking implementation of the Government Resolutions/Circulars issued by the State Government, thereby extending the benefits of the pay scales as contained in the said Government Resolution and seeking payment of arrears flowing therefrom.
Procedural History
Writ petition filed in 2004. Notice issued, Rule granted on 4th April 2005, hearing expedited. Heard on 18th July 2018, judgment pronounced on 16th August 2018.
