SUDHANSHU DHULIA, K. VINOD CHANDRAN
Secretary, All India Shri Shivaji Memorial Society (Aissms) – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
SUDHANSHU DHULIA, J.
1. Leave granted.
2. By means of the Civil Appeals arising out of SLP (C) Nos.7058-7061 of 2019, the appellant-Society seeks to challenge the order of the Division Bench of the Bombay High Court dated 17.07.2017 as well as the order dated 22.12.2018, passed in review later. The impugned orders of the High Court direct the appellant-Society to extend the benefit of revised pay scales under the 6th Central Pay Commission to the Respondent-teachers, who were the original Writ Petitioners before the Bombay High Court. The Respondent-teachers are the ones who are presently teaching in engineering and technical institutes run and managed by the Appellant-Society, which is a private body and is not under the grant in aid of the Government.
3. Brief facts of the case are that the Respondent-teachers, who possess a Master’s degree in their field, were appointed as Lecturers/Assistant Professors by the appellant-Society in the institutes between 1995 and 2009. Requisite approval for their appointment was taken from the concerned Universities to which the said institutes were affiliated. It is also an admitted fact that the Respondent-teachers, with the exception of
Gelus Ram Sahu v. Surendra Kumar Singh (2020) 4 SCC 484 [Para 21]
Medical Council of India v. Sarang & Ors. (2001) 8 SCC 427 [Para 25]
The court affirmed that teachers appointed after the Ph.D. requirement cannot claim higher pay or designation if they fail to acquire the qualification within the stipulated time, emphasizing adheren....
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
while two posts are to be equated, the equivalence of salary of the two posts is one of the factors to be considered while equivalence has to be granted.
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
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