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2018 Supreme(Bom) 1077

S.C.DHARMADHIKARI, BHARATI H.DANGRE
D. Y. Patil College of Engineering Through its Registrar – Appellant
Versus
All India Council for Technical Education I. G. Sports Complex, I. P. State, New Delhi Through its Member Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.V. Anturkar, Senior Counsel a/w Mr. Anijkya Udane h/f Tanaji Mhatugade
For the Respondent: Mr. Namit V. Loya i/b Mr. Abhijeet A. Joshi, Mr. A.B. Yagyani Government Pleader with Mrs. Sruti D. Vyas 'B' Panel counsel, Mr. Prosper D'Souza i/b Mr. Rajendra Anbhule

JUDGMENT :

Bharati H. Dangre, J.

1. The Writ jurisdiction of this Court is invoked by the petitioner No.1, D.Y. Patil College of Engineering which is run by the petitioner No.2 D.Y. Patil Pratisthan, District-Kolhapur. The present Writ Petition seeks issuance of writ in the nature of mandamus or any other appropriate writ or direction for quashing and setting aside two Government Resolutions issued by the Higher and Technical Education Department, Government of Maharashtra dated 20.10.2000 and 07.10.2009, to the extent that they direct retrospective effect to be given to the pay revisions to the employees of the petitioner No.1. The grievance raised by the present petition is limited to the retrospective implementation of the 5th and 6th pay commission recommendation and the petitioner Nos.1 and 2 have no hesitation in implementing the recommendations of the pay commission itself.

2. The petitioner No.1 who has obtained a necessary permission under the All India Council for Technical Education Act (for short 'AICTE' Act) in the year 1984 and is affiliated to Savitribai Phule, Pune University and is a non-aided private institution imparting education of a professional course. The petit











































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