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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VIBHA KANKANWADI, S.G.CHAPALGAONKAR
Government Aided Technical Institutes Employees Welfare Board (GATIWEB), Through its Secretary, Mr. Nandkishor S/o Jaynarayan – Appellant
Versus
State of Maharashtra, Through it Secretary, Higher and Technical Department – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of entitlement to 100% salary (Para 2 , 3 , 4 , 5) |
| 2. respondent's justification for 90% salary grants (Para 6 , 7 , 9) |
| 3. overview of grant-in-aid system and its historical context (Para 10 , 11) |
| 4. analysis of government resolution's clauses (Para 13 , 14) |
| 5. court's reasoning on administrative instructions versus rules (Para 15 , 18) |
| 6. judicial precedents supporting government's financial obligations (Para 19 , 20 , 21) |
| 7. (Para 22 , 23) |
| 8. summary judgment and considerations regarding pending proposals (Para 24 , 25) |
| 9. conclusion of the court with dismissal of the petition (Para 26 , 27) |
JUDGMENT :
S. G. Chapalgaonkar, J.
1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.
2. The petitioner approaches this Court under Article 226 of the Constitution of India, assailing Clause No.10 of the Government Resolution dated 21.08.2015 issued by the State of Maharashtra through its Higher and Technical Department-respondent no.1, by which a system for processing salary bills through computerized system namely HTE-Sevarth Pranali has been implemented throughout the State. Th
The right to grant-in-aid is not absolute and depends on state financial policy, thereby, limitations on salary grants imposed by the State are lawful.
State cannot freeze grant-in-aid to deny aided college staff statutory revised pay benefits; college must pay actual arrears, government to provide grants if needed.
Eligible PTA college teachers entitled to grant-in-aid salary despite NET/SLET lack post-dispensation; discriminatory denial while granting others violates Articles 14,16; rules persist without repea....
PTA-appointed Assistant Professor from reserved category meeting relaxed 50% Master's marks and eligibility test criteria entitled to Grant-in-Aid salary from appointment date; denial despite parity ....
The authority for withdrawing salary payments in aided institutions lies with the Governing Body; actions taken outside this authority violate the principles of natural justice and the legality of pr....
Review jurisdiction is limited to glaring omissions or patent mistakes; unaided minority institutions must comply with statutory conditions regarding pay scales.
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
State liable for teachers' salaries from grant-in-aid date when posts created; token grants invalid; employees entitled to arrears despite delayed absorption and institute not litigating.
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