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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.D. DHANUKA, SUNIL K. KOTWAL, JJ.
Amrutraj Pratapji Vyas & Others - Petitioners
Versus
Hind Seva Mandal, Bhusawal, through its President & Others - Respondents
Writ Petition No. 6728 of 2004
Decided On : 08-09-2017
Mandamus - Salary Disbursement - M.E.P.S. Act, 1977, A.I.C.T.E. Act, 1987 - 29th September, 1995 Circular - The court directed the respondent Nos.1 and 2 to implement the circular dated 29th September, 1995 issued by the respondent No.4 and made the rule absolute to that extent. The Supreme Court upheld the said Judgment. The respondent Nos. 1 and 2 were directed to pay costs to the petitioners of Rs.5000/-. The Supreme Court dismissed the Special Leave Appeal filed by the respondent No.1 and another. The Supreme Court observed that it was not inclined to interfere with the impugned direction of the High Court relating to the salaries of the teaching and nonteaching staff. The respondent Nos. 1 and 2 were directed to implement the circular dated 29th September, 1995 issued by the respondent No.4. The respondent Nos. 1 and 2 were directed to deposit the arrears of salary payable to the petitioners No.2 to 31 in the said writ petition No.364 of 1999 from 1st September, 1995 to 31st May, 1999 within a period of 4 weeks from the date of the said order with the Registry of this Court. The respondent Nos. 1 and 2 were directed to submit fresh report regarding employees, who were working under the respondent No.1 for the academic year 19981999 onwards and to have the names (of their employees teaching as well as nonteaching) with their duties of joining, etc. The respondent Nos. 1 and 2 were directed to pay to the petitioners the increased salary at the rate offered to others from December, 2013. The respondent Nos. 1 and 2 were directed to pay to the petitioners the interest @ 12% per annum with effect from 1st September, 1995 till 19th May, 1999. The respondent Nos. 1 and 2 were directed to pay costs of Rs.15,000/- (Rupees Fifteen Thousand Only) to the petitioners No.1 on behalf of the petitioners which shall be paid by the respondent Nos. 1 and 2 within two weeks from the date of this order without fail.
Fact of the Case:
The petitioners sought writ of mandamus and an order and direction against respondent Nos. 1 and 2 to disburse the pay and allowances and extend all other service benefits as per the instructions issued in Government Circular/Letter dated 29th September, 1995 issued by Directorate of Technical Education, Maharashtra State, Mumbai to petitioners and also to pay the arrears of salaries in pursuance of the said circular along with the interest @ 15% per annum w.e.f. 1st September, 1995 till 19th May, 1999. The petitioners had been working for last 7 to 8 years when this writ petition was filed and continued to work with respondent No.1, till date and are nonteaching staff.
Finding of the Court:
The court directed the respondent Nos.1 and 2 to implement the circular dated 29th September, 1995 issued by the respondent No.4 and made the rule absolute to that extent. The Supreme Court upheld the said Judgment. The respondent Nos. 1 and 2 were directed to pay costs to the petitioners of Rs.5000/-. The Supreme Court dismissed the Special Leave Appeal filed by the respondent No.1 and another. The Supreme Court observed that it was not inclined to interfere with the impugned direction of the High Court relating to the salaries of the teaching and nonteaching staff. The respondent Nos. 1 and 2 were directed to implement the circular dated 29th September, 1995 issued by the respondent No.4. The respondent Nos. 1 and 2 were directed to deposit the arrears of salary payable to the petitioners No.2 to 31 in the said writ petition No.364 of 1999 from 1st September, 1995 to 31st May, 1999 within a period of 4 weeks from the date of the said order with the Registry of this Court. The respondent Nos. 1 and 2 were directed to submit fresh report regarding employees, who were working under the respondent No.1 for the academic year 19981999 onwards and to have the names (of their employees teaching as well as nonteaching) with their duties of joining, etc. The respondent Nos. 1 and 2 were directed to pay to the petitioners the increased salary at the rate offered to others from December, 2013. The respondent Nos. 1 and 2 were directed to pay to the petitioners the interest @ 12% per annum with effect from 1st September, 1995 till 19th May, 1999. The respondent Nos. 1 and 2 were directed to pay costs of Rs.15,000/- (Rupees Fifteen Thousand Only) to the petitioners No.1 on behalf of the petitioners which shall be paid by the respondent Nos. 1 and 2 within two weeks from the date of this order without fail.
Issues: The main issue was the non-implementation of the circular dated 29th September, 1995 issued by the respondent No.4 by the respondent Nos. 1 and 2. The petitioners sought the disbursement of the pay and allowances and extension of all other service benefits as per the said circular along with the interest @ 15% per annum w.e.f. 1st September, 1995 till 19th May, 1999.
Ratio Decidendi: The court held that the respondent Nos. 1 and 2 were bound to implement the circular dated 29th September, 1995 issued by the respondent No.4 and pay the arrears of salaries to the petitioners. The court also directed the respondent Nos. 1 and 2 to pay the interest @ 12% per annum with effect from 1st September, 1995 till 19th May, 1999. The respondent Nos. 1 and 2 were also directed to pay costs of Rs.15,000/- (Rupees Fifteen Thousand Only) to the petitioners No.1 on behalf of the petitioners which shall be paid by the respondent Nos. 1 and 2 within two weeks from the date of this order without fail.
Final Decision: The court made the writ petition No.6728 of 2004 absolute in terms of prayer Clause – (A) and (B). The respondent Nos. 1 and 2 were directed to comply with the order and Judgment within four weeks from the date of the order. The respondents were directed to act on the authenticated copy of this order.
R.D. Dhanuka, J.
1. By this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for writ of mandamus and for an order and direction against Hind Seva Mandal and Shri.Sant Gadge Baba Polytechnic, respondent Nos. 1 and 2 herein, to disburse the pay and allowances and extend all other service benefits as per the the instructions issued in Government Circular/Letter dated 29th September, 1995 issued by Directorate of Technical Education, Maharashtra State, Mumbai to petitioners and also to pay the arrears of salaries in pursuance of the said circular along with the interest @ 15% per annum w.e.f. 1st September, 1995 till 19th May, 1999. The petitioners also seek writ of certiorari following the order and direction against the respondent Nos. 3 and 4 to take appropriate steps towards the disbursement of the arrears of salary and allowances to the petitioners for the period from 1st September, 1995 till 19th May, 1999 with interest @ 15% per annum accrued on the amount payable to the petitioners.
2. Some of the relevant facts for the purpose of deciding this writ petition are as follows:
The petitioners had been working for last 7 to 8 years when this writ petition was filed and continued to work with respondent No.1, till date and are nonteaching staff. Respondent No.1 runs 17 education institutions besides College of Engineering and Technology and Polytechnic College. Respondent No.1 also runs Shri.Sant Gadge Baba Polytechnic at Bhusawal since the academic year 1983-1984, and is having various branches namely, Civil, Mechanical, Electrical and Industrial Electronics. Respondent No.1 has closed Shri.Sant Gadge Baba Polytechnic at Bhusawal before filing of this petition by the petitioners. The provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and various Rules framed thereunder are applicable to the petitioners and the respondents (In short “the said M.E.P.S. Act” and “the said Rules”).
3. On 29th September, 1995, the Directorate of Technical Education, Maharashtra State issued instructions by Circular/Communication to the Managements and the office bearers of non-aided private institutions including the technical institutions to pay to the teaching and nonteaching employees employed by such institutions, the salary, allowances, bonus, travelling allowances, medical facilities, insurance, death or retirement gratuity as per the directions issued by the Government from time to time. It is the case of the petitioners that, in view of the said circulars issued by respondent No.4, respondent No.1 was liable to pay and disburse salary on the basis of 4th and 5th Pay Commissions at that time. In consonance with the Government Policy, the petitioners made various representations to the respondent No. 1 and the authority through Teachers Association for non-aided polytechnic but of no avail.
4. The Teachers Association for non-aided polytechnic, Bhusawal and others filed writ petition bearing No.364 of 1999 against the respondent No.1 and others before this Court for payment of salary and other benefits as per the Pay Scales prescribed by the Government relying upon the said circular dated 29th September, 1995. (Hereinafter referred to as the 'said Association'). By an order dated 23rd April, 1999, the Division Bench of this Court, directed respondent No.1 to pay salary including Dearness Allowance as per Pay Scales, prescribed by the Government in view of the fact that at the time of obtaining recognition, the College had given an undertaking to comply with all conditions including payment as per the scales prescribed by the Government. This Court recorded the statement made by the respondent No.1 that, it was not in a position to pay the salaries of teachers as per the pay scales prescribed by the Government and that the respondent No.1 was non-aided College. The 13 petitioners out of 31 petitioners in the said writ petition No.364 of 1999 w
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