IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G. MEHARE, SHAILESH P. BRAHME, JJ.
Bhartiya Kamgar Sena, Through its working President Shri. Ashok Devisingh Pawar – Appellant
Versus
State of Maharashtra, Through Principal Secretary, Technical Education Department – Respondent
JUDGMENT :
S.G. MEHARE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. Since both writ petitions are having identical issues, taken up for common judgment and order.
3. Both petitions are filed by Bhartiya Kamgar Sena for and on behalf of its members.
4. Writ Petition No.13897 of 2018 is filed by the Bhartiya Kamgar Sena through its office bearers and rest of the petitioners were its members and employees of Mahatma Gandhi Mission Trust. They were employed in the college set up by the trust in Nanded. Admittedly, they are the employees. They had filed writ petition for extending the pay scale under 7th pay commission. That would be applied to petitioner nos.7 to 21. They have also claimed the payment of arrears in terms of the pay scale under 6th pay commission. They have given the details of their salary and the proposed pay scale as per 6th pay commission. Their pay scale has been prescribed by AICTE, State Government in terms of the notification dated 05.03.2010 and Government Resolution dated 20.08.2010. It is the contention that refusing to pay the pay scale is arbitrary and illegal. They are entitled to the pay band of Rs.15,600, with
Employees of educational institutions are entitled to pay scales as per government regulations, regardless of management claims of financial incapacity or improper appointment procedures.
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 complia....
The court emphasized the principle of equal pay for equal work, ruling that the petitioners were entitled to the same pay scale as their counterparts in other universities due to administrative error....
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
Teachers - Teachers cannot be left on a wing and a prayer. They must be released their rightful dues without any further delay. As they are being made to discharge COVID-19 duties at the instance of ....
Financial hardship is not a valid defense for private schools to deny compliance with statutory wage mandates under the Delhi School Education Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.