JUDGMENT :

Rohit B. Deo, J.

Rule.

With consent of parties, the petition is finally heard.

The question which falls for consideration is whether the petitioners are entitled to the benefit of the recommendations of the 6th and the 7th Pay Commissions?

A. Pleadings in the petition:

A.1 Petitioners are working as Assistant Professors with the fifth respondent, which is one of the many educational institutions administered by the fourth respondent which is a society registered under the provisions of the Societies Registration Act, 1860 and the Maharashtra Public Trust Act, 2016.

A.2 The fifth respondent – college is recognized by the All India Council for Technical Education (“AICTE”) and is affiliated to Rashtra Sant Tukdoji Maharaj, Nagpur University, (“University”).

A.3 The service conditions of the petitioners are inter alia governed by the provisions of the Maharashtra Public Universities Act, 2016 (“Universities Act of 2016”) and the statutes and ordinances framed thereunder, the All India Council for Technical Education Act, 1987 (“AICTE Act”) and the regulations framed thereunder and the regulations framed under the University Grants Commission Act, 1956 (“UGC Act”).

A.4 The first petitioner holds Bachelors degree in Electronics and Masters degree in Electronic Communication from the University. The first petitioner worked as lecturer in Electronics Department in Krishnarao Pandav College, Umred Road, Bahadura, Nagpur in the academic session 2008-2009 and as lecturer in Department of Electronics in Umred College of Engineering in the academic session 2009-2010. The first petitioner applied for the post of lecturer in Electronic Engineering on the establishment of the fifth respondent pursuant to the advertisement dated 14.7.2010 and was selected and appointed vide order dated 16.7.2010 on consolidated salary of Rs.8,000/- per month.

A.5 The engagement of the first petitioner was terminated on 29.3.2011, another advertisement was issued by the fourth and the fifth respondents on 7.4.2011, the first petitioner was interviewed, selected and appointed as Assistant Professor in Electronics and Communication Engineering, on consolidated salary of Rs.20,000/- per month, only to be orally terminated on 31.3.2012.

A.6 The third advertisement was issued on 17.5.2012, and the first petitioner was again selected and appointed as Assistant Professor in Electronics and Communication Engineering, on consolidated salary of Rs.30,000/- per month. The employment was continued for the academic session 2013-14 on consolidated salary of Rs.28,000/- per month.

A.7 The 4th advertisement was issued on 18.6.2014. The first petitioner applied pursuant to the said advertisement, he was interviewed by duly constituted Selection Committee of the University and was selected and appointed as Assistant Professor in Electronics and Communication Engineering vide appointment order dated 8.7.2014. The pay scale which was assigned to the first petitioner was Rs.15,600 – 39100/- with AGP of Rs.6,000/-. The appointment was on probation for two years. The first petitioner completed the probation period satisfactorily and attained the status of confirmed employee.

A.8 The second petitioner holds Bachelor of Engineer degree in Electronics and Telecommunications and Masters degree in Electronic Engineering (Communications) and was appointed as Assistant Professor in the fifth respondent - college on 11.7.2022. The second petitioner was terminated on 31.3.2012 and reappointed on 30.6.2012. He was again terminated on 31.3.2013. The fourth and the fifth respondents published advertisement dated 18.6.2014. The second petitioner applied for the post of Assistant Professor, he was duly selected by the Selection Committee and was appointed on probation for two years vide order dated 8.7.2014. The University approved the appointments of the first and the second petitioners vide order dated 23.12.2014.

A.9 The third petitioner also holds Bachelor of Engineering degree in Electronics an