JUDGMENT/ORDER

S.V.GANGAPURWALA, ACTING CJ., J. - Government Resolution dtd. 17/12/2018 is issued by the Higher and Technical Education Department, Mantralaya, Mumbai directing the constitution of a Committee comprising of Deputy Director, Accounts and Audit Services, Assistant Director, Auditor and two other Officers to investigate and report to the State Government with regard to ;

<WXY>(i) the post whose nomenclature has been changed with consequent change in pay scales, should be brought back to the pay scale as per Notification dtd. 7/10/2009;

(ii) the excess amount paid to such employees whose pay scales have been changed due to change in the nomenclature, be recovered;

(iii) refixation of pension of such employees who have retired after getting the benefit of the Government Resolution dated 24th February 20211;

(iv) excess payment to such employees be recovered from the arrears payable to the retired employees as per the 7th Pay Commission</WXY>

2. Under the said Government Resolution dtd. 17/12/2018 the State Government cancelled Government Resolutions dtd. 2/11/2010, 18/2/2011, 3/11/2012, 7/2/2011, 24/2/2011, 26/10/2010, 22/11/2011 and 15/2/2012 issued by the Higher and Technical Department, Mumbai.

3. In Public Interest Litigation (PIL) No.5919 of 2019, the Petitioner therein seeks implementation of Government Resolution dtd. 17/12/2018 under supervision of this Court and the Government Authorities. It further seeks directions against the State to conduct inquiry as per the circumstances under which the Government Resolutions have been issued with consent of the Cabinet and approval of the Finance Department. It further seeks directions to redetermine the pay scales which have been revised by the impugned Government Resolution and further seeks recovery of the amount paid in excess by the State Government. It further seeks direction to implement the 7th Pay Scale on the basis of the original pay scale that was sanctioned in the meeting held in Mantralaya on 16/4/2009 and original nomenclature sanctioned by each University.

4. Various Writ Petitions are filed to assail the Government Resolution dtd. 17/12/2018. As all these Writ Petitions are based on common set of facts and involve common question of law, to avoid rigmarole, are decided by common judgment. The PIL also being based on same facts is being decided along with these Writ Petitions. The Writ Petitions were filed at the principal seat and the benches at Aurangabad and Nagpur. By an administrative order of the Hon'ble The Chief Justice, the same are clubbed together.

5. It appears that Government Resolution dtd. 6/7/2009 was issued for fixing staffing patter