The main legal point established in the judgment is the entitlement of teachers to arrears of salary as per VI and VII CPC recommendations, and the responsibility of the authorities to ensure compliance with the regulations and Government Resolutions.

JUDGMENT :

ANIL L. PANSARE, J.

1. In both the Petitions, Rule. Rule made returnable forthwith. Heard finally with consent of parties.

2. The petitioners in both the petitions are working as Assistant Professors/Lecturers in Respondent No.7-Bapurao Deshmukh College of Engineering, Sevagram, Wardha. The College is being run by Respondent No.6-Yeshwant Rural Education Society, Wardha.

3. The respondent No.1 is the State of Maharashtra through its Secretary, Technical Education; Respondent No.2 is the Joint Director of Technical Education, Nagpur; Respondent No.3 is the Principal Secretary, All India Council for Technical Education, (AICTE); Respondent No.4 is the Chairman (Regional) AICTE; Respondent no.5 is the Registrar of Rashtrasant Tukdoji Maharaj Nagpur University; Respondent No.6 is the President, Yeshwant Rural Education Society; Respondent No.7 is the Principal, Bapurao Deshmukh College of Engineering, Wardha, Respondent No.8 is the General Secretary, Yeshwant Rural Education Society, whereas the Respondent No.9 is the Director of Technical Education.

4. We will hereinafter refer to the petitioners as ‘teachers’; Bapurao Deshmukh College of Engineering as the ‘College’; Yeshwant Rural Education Society, represented by President and General Secretary as the ‘Society’; the respondents representing All India Council for Technical Education as ‘AICTE’; the respondent representing the State of Maharashtra as the ‘State’ and the respondent representing Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur as the ‘University’.

5. The teachers are seeking directions against the College and the Management to pay arrears of difference of salary as per the recommendations of VI Central Pay Commission (‘CPC’ in short) with effect from 01.01.2006 till 31.12.2015 along with interest at the rate of 12 per cent per annum. They are seeking further directions against the Management and the College to pay arrears of difference of salary as per the recommendations of VII CPC from 01.01.2016 onwards, with interest at the rate of 12 per cent per annum. The teachers are further seeking directions to the College and the Management to pay the arrears of salary from 01.05.2018 with interest at the rate of 12 per cent per annum till its realization. They are further seeking directions against the AICTE and the University to ensure compliance of payment of salary in terms of VI and VII CPC within stipulated time. They are also seeking directions to the University to disaffiliate the College if compliance as aforesaid, is not made. Lastly, the teachers are seeking directions to the AICTE and the University to derecognize the College, on failure of compliance of the of the demand made by them.

6. We have heard Mr. A.P. Raghute, learned Advocate for the petitioners, Mr. N.S. Rao, learned Assistant Government Pleader for respondent Nos. 1,2 and 9; Mr. N.P. Lambat, learned Advocate for respondent nos. 3 & 4, Mr. R.D.Bhuibhar, learned Advocate for respondent no.5 and Mr. R.B. Puranik, learned counsel for respondent Nos. 6 to 8.

7. Mr.Raghute, learned Advocate for the teachers submits that VI CPC was implemented with effect from 01.01.2006 till 31.12.2015. Thereafter VII CPC has been implemented w.e.f. 01.10.2016 and the teachers though are entitled, are being deprived of the revised pay as recommended by VI and VII CPC. Some of the teachers have been appointed prior to 01.01.2006 and some are appointed thereafter. The learned Advocate has drawn our attention to the grievance of the teachers that even regular salary has not been paid to them, with effect from 01.05.2018. He has also drawn our attention to the notification issued by the AICTE, the Government Resolutions of the State, the office order issued by the University so also the provisions of the Maharashtra Public Universities Act, 2016 ( “Act of 2016” in short) and the All India Council for Technical Education Act, 1987 (“Act of 1987” in short) and the rulings of this Court as well as the Hon’ble Supreme