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Bombay High Court

KANISHTHA MAHAVIDYALAYIN SHIKSHAN ANNYAY NIVARAN KRUTI SAMITEE AND ORSversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the Fifth Pay Commission benefits must be applicable to teaching and non‑teaching staff of the deemed universities from 1 January 1996, declaring the State's later date arbitrary and discriminatory.

Summary

A large group of teachers and non‑teaching staff of three deemed universities in Maharashtra petitioned the High Court alleging discrimination in the implementation of the Fifth Pay Commission. While non‑teaching staff and employees of other non‑agricultural universities received the benefits from 1 January 1996, the teaching staff of the deemed universities were granted the benefits only from 1 April 2000/2002. The petitioners sought parity and arrears. The Court examined the State Government’s policy decision, the statutory framework under the Maharashtra Universities Act, the UGC Act and the central‑state financial assistance scheme, and held that the State’s discretion was exercised unreasonably and amounted to discrimination. It declared that the Fifth Pay Commission benefits must apply from 1 January 1996 to both teaching and non‑teaching staff of the deemed universities and ordered payment of arrears within eighteen months.

Issues considered

  • The applicability date of the Fifth Pay Commission benefits to teaching staff of deemed universities
  • Whether the State Government's decision to apply the benefits from a later date constitutes arbitrary discrimination
  • Whether the State can rely on financial constraints to justify the differential dates

Legislation cited

Subjects

  • Fifth Pay Commission
  • Deemed University
  • pay scale parity
  • discrimination
  • state policy
  • financial constraints
  • UGC assistance
  • Article 226

Judgment

2026:BHC-AS:37801-DB

                                                                 4-wp 3900-2011 & ors.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO. 3900 OF 2011

               1. Kanishtha Mahavidyalayin Shikshan Annyay
                  Nivaran Kruti Samitee
                  [An unregistered Association through its
                  office bearers viz. Petitioner No.2 onwards]
                  Through its President
                  Shri Suryakant Maruti Jugdar
                  C/o. Smt. Kusumtai Rajaram Bapu-Patil
                  Kanya Mahavidyalaya, Islampur,
                  Taluka Walva, District Sangli.
                  Pin-415 409.

               2. Shri. Suryakant Maruti Jugdar
                  Adult, Occ : Teacher,
                  C/o. Smt. Kusumtai Rajaram Bapu-Patil
                  Kanya Mahavidyalaya, Islampur,
                  Taluka Walva, District Sangli.
                  Pin-415 409.

               3. Shri. Balasaheb Mahadeo Shahpure
                  Adult, Occ : Teacher,
                  C/o. D. R. Mane Mahavidyalaya,
                  Kagal, Taluka Kagal,
                  Kolhapur – 416 216.

               4. Shri. Dashrath Shankar Patil
                  Adult, Occ :Teacher,
                  C/o. Azad Vidyalaya and Junior College,
                  Kasegaon, Taluka Walva,
                  District Sangli.

               5. Shri. Babasaheb Dnyaneshwar Londhe
                  Adult, Occ : Teacher,
                  Willingdon College,
                  Sangli-416 416.

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6. Shri. Dilip Ganpatrao Chavan
   Adult, Occ : Teacher,
   C/o. Karmaveer Bhaurao Patil Mahavidyalaya,
   Urun, Islampur, Taluka Walva,
   Sangli-415 409.                             … Petitioners

           Versus

1. State of Maharashtra

2. The Secretary,
   School and Education Department,
   Government of Maharashtra,
   Mantralaya Annex,
   Mumbai-400 032.                               ... Respondents

                            WITH
                WRIT PETITION NO. 7771 OF 2004

1.   Bhaskar Changoji Deotare
     Age 53 years, Occ : Service,
     Residing at :- Deccan College,
     Pune-411 006.

2.   Suhnu Ram Sharma
     Age 58 years, Occ : Service,
     Residing at :- Deccan College,
     Pune-411 006.

3.   Subhash Ramchandra Walimbe
     Age 54 years, Occ : Service,
     Residing at :- Deccan College,
     Pune-411 006.

4.   Pappy Kuzuvelil Thomas,
     Age 57 years, Occ : Service,
     Residing at :- Deccan College,
     Pune-411 006.



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5.    Gajanan Tatyaba Adgale,
      Age 49 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

6.    Subhangana Mukund Atre,
      Age 54 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

7.    Hari Shankar Balkrishna,
      Age 40 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

8.    Vinayak Parameshvara Bhatta
      Age 56 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

9.    Vinayak Sharad Bhatwadekar,
      Age 56 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

10.   Dnyaneshwar Kashinath Bhosale,
      Age 46 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

11.   Mandar Madhav Chavare,
      Age 27 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

12.   Pramod Prabhakar Dandwate,
      Age 47 years, Occ :Service,
      Residing at :- Deccan College,
      Pune-411 006.

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13.   Sushma Ganesh Deo,
      Age 44 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

14.   Agnelo Cartan Dias,
      Age 50 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

15.   Arati Deshpande-Mukherjee,
      Age 38 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

16.   Pradnya Shripad Deshpande,
      Age 36 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

17.   Bharat Baburao Dighe,
      Age 38 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

18.   Kishor Bajirao Gaikwad,
      Age 32 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

19.   Vaman Shripat Gavade,
      Age 53 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

20.   Nagesh Sayaji Gaware,
      Age 50 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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21.   Rajendra Ramchandra Ghanekar,
      Age 43 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

22.   Vishwas Dattatrey Gogte,
      Age 57 years, Occ: Service,
      Residing at :- Deccan College,
      Pune-411 006.

23.   Anuradha Bhaskar Gohad,
      Age 54 years, Occ: Service,
      Residing at :- Deccan College,
      Pune-411 006.

24.   Pratibha Ganpat Hole,
      Age 36 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

25.   Kashi Nath Hota,
      Age 44 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

26.   Subhash Baban Humbre,
      Age 53 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

27.   Shreekant Suresh Jadhav,
      Age 45 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

28.   Sunil Suresh Jadhav,
      Age 43 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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29.   Ujwala Baburao Jadhav,
      Age 33 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

30.   Urmila Lalbahadur Jagtap,
      Age 32 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

31.   Pramod Prabhakar Joglekar,
      Age 44 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

32.   Chandrashekhar Vishwanath Joshi,
      Age 44 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

33.   Mukund Dagadushet Kajale,
      Age 54 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

34.   Anupama Vilas Kelkar,
      Age 57 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

35.   Sharad Bhiku Kute,
      Age 53 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

36.   Manjiri Anand Karambelkar,
      Age 38 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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37.   Baswant Sidram Kathare,
      Age 37 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

38.   Mandakini Ashok Kinjawadekar,
      Age 55 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

39.   Madhavi Bhaskar Kolhatkar,
      Age 53 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

40.   Shrikant Dattatray Kshirsagar,
      Age 49 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

41.   Manjiri Mangesh Kulkarni,
      Age 45 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

42.   Pradnya Suhas Kulkarni,
      Age 32 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

43.   Gouri Purushottam Lad,
      Age 57 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

44.   Krishna Rama Malap,
      Age 50 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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45.   Girish Dattatray Mandke,
      Age 38 years, Occ : Service,
      R/at Deccan College, Pune-411 006.

46.   Ashok Rajaram Marathe,
      Age 54 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

47.   Sheila Mishra,
      Age 51 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

48.   Rabindra Kumar Mohanty,
      Age 52 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

49.   Trupti Dattatraya More,
      Age 30 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

50.   Kevalapura S. Nagaraja,
      Age 54 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

51.   Ashok Dattatray Omble,
      Age 54 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

52.   Gajanan Vasantrao Pahade,
      Age 34 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.


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53.   Viju Janardhan Pawar,
      Age 38 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

54.   Devadatta Dnyaneshwar Phule,
      Age 33 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

55.   Pratibha Mohan Pingle,
      Age 57 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

56.   Jayshree Dileep Sathe
      Age 48 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

57.   Vijay Gajanan Sathe,
      Age 44 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

58.   Raju Ramchandra Savale,
      Age 35 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

59.   Vandana Vishnu Selukar,
      Age 45 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

60.   Chandrakant Shankar Shendge,
      Age 45 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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61.   Ramchandra Ratnu Shigvan,
      Age 45 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

62.   Vasant Shivram Shinde,
      Age 48 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

63.   Balaji Shivaji Gajul,
      Age 39 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

64.   Balasaheb Shankar Waghmode,
      Age 40 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

65.   Shrikant Vitthal Walunj,
      Age 32 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

66.   Sumati Balkrishna Kunte,
      Age 57 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

67.   Kishor Bhagan Shendge,
      Age 35 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

68.   Madan Kishan Pulellu,
      Age 48 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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69.   Anita Dilip Sonawane,
      Age 35 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

70.   Mahindra Vitthal Kamble,
      Age 28 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

71.   Vitthal Shridhar Lonkar,
      Age 52 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

72.   Jagannath Govindrao Kulkarni,
      Age 38 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

73.   Shrihari Vasant Sathe,
      Age 56 years, Occ :Service,
      Residing at :- Deccan College,
      Pune-411 006.

74.   Mukund Manik Londhe,
      Age 36 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

75.   Deepali Vitthal Kachi,
      Age 49 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

76.   Hanumant Sonba Bhandare,
      Age 39 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

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77.   Pandurang Shankar Dhanapune
      Age 52 years, Occ : Service,
      Residing at :- Deccan College,
      Pune-411 006.

78.   Gyani Lal Badam,
      Age 64 years, Occ : Retired,
      Residing at :- Flat No.4, Building No.26/1,
      Herms Paras 3 Kalyaninagar,
      Pune 411 006.

79.   Ganpat Kondiba Dhumal,
      Age 63 years, Occ : Retired,
      Residing at :- Bunglow No. 1, Servant Qtr.,
      Deccan College Campus,
      Pune-411 006.

80.   Aparna Jha,
      Age 62 years, Occ : Retired,
      Residing at :- 468 Sadashiv Peth,
      Pune-411 030.

81.   Prakash Shankarrao Joshi,
      Age 58 years, Occ : Retired.
      Residing at :- Flat No. 1,
      “Vidisha”, Survey No. 27/7
      Dahanukar Colony, Kothrud,
      Pune-411 029.

82.   Anupama Arvind Kshirsagar,
      Age 61 years, Occ : Retired,
      Residing at :- 4-Krishna 1363
      Shivajinagar, Pune-411 005.

83.   Shouri Joseph Mangalam,
      Age 63 years, Occ : Retired,
      Residing at:- E-7, B-Wing,
      Ganga Park, Mundhwa Road,
      Pune-411036.

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84.   Virendra Nath Misra,
      Age 69 years, Occ : Retired,
      Residing at :- G-2, B Wing,
      Ganga Park, Mundhwa Road,
      Pune-411 036.

85.   Srinivas Shivanna Nayak,
      Age 63 years, Occ : Retired,
      Residing at :- T-18, B-Area,
      Deccan College Campus, Pune-411 006.

86.   Sadashiv Vishnu Omble,
      Age 66 years, Occ : Retired,
      Residing at :- Servant Qts. No. 11,
      Deccan College Campus, Pune-411 006.

87.   Shuddhadevi Hukamchand Patyal,
      Age 62 years, Occ : Retired,
      Residing at :- D-6 Kasturbawadi, Society,
      Vishrantwadi, Pune-411 015.

88.   Janardhan Bhiku Pawar,
      Age 66 years, Occ : Retired,
      Residing at :- T-11 B Area,
      Deccan College Campus, Pune 411 006.

89.   Mohan Krishnaji Kulkarni,
      Age 64 years, Occ : Retired,
      Residing at :- D-2, Vihar Society,
      30/2/4 Erandawana, Pune-411 004.

90.   Vijay Chintamani Namjoshi,
      Age 60 years, Occ : Retired
      Residing at :- Atma Anant Appt.
      Plot No. 20, Survey No. 114/3,
      Vishrantwadi, Pune-411 015.

91.   Meera Mohan Kulkarni,
      Age 66 years, Occ : Retired,

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      Residing at :- D-2 Vihar Society,
      30/2/4 Erandwana, Pune-411 004.

92.   Katragadda Paddayya,
      Age 61 years, Occ : Retired,
      Residing at :- D-14, Amrapali Appt,
      Nagar Road, Pune-411 006.

93.   Shivdas Tulshiram Barne,
      Age 63 years, Occ : Retired,
      Residing at :- B-1/102,
      Silveroak, Floriana Estate, Kalyaninagar,
      Pune-411 014.

94.   Girija Ramkishan Shendge,
      Age 66 years, Occ : Retired,
      Residing at :- 176 U.P. Hotel,
      Deccan College Road, Pune-411 006.

95.   Dhananjay Shankarrao Shetty,
      Age 58 years, Occ : Retired,
      Residing at :- 250-Rastapeth, Pune-411 011.

96.   Sulochana Maruti Dhumal,
      Age 60 years, Occ : Retired,
      Residing at :- T-25 Deccan College Campus,
      Pune-411 006.

97.   Roshan Beck,
      Age 64 years, Occ : Retired,
      Residing at :- Flat No. B-205,
      Lakshmi Township - 2, Kalas,
      Pune 411 015.

98.   Sonpal Tikaram Chavan,
      Age 68 years, Occ : Retired,
      Residing at :- Near Khandoba Mandir,
      Deccan College Campus,
      Pune-411 006.

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99.   Madhav Gangadhar Abhyankar
      Age 61 years, Occ : Retired,
      Residing at :-1310, Vasudeo Smruti,
      Shivajinagar, Pune-411 005.

100. Usha Ramkrishna Ranade,
     Age 63 years, Occ : Retired,
     Residing at :- Apali Society, 42/481,
     Parvati Darshan, Pune-411 009.

101. Kamal Krishnarao Chavan,
     Age 63 years, Occ : Retired,
     Residing at :- 28 Rag-Venue Apartment,
     I.C.S. Colony, Bhosale Nagar,
     Pune-411 007.

102. Sadique Zainuddin Ansari,
     Age 61 years, Occ : Retired,
     Residing at :- Bombay Sappar Colony,
     Survey No. 46/718, Vadgaonsheri,
     Pune 411 014.

103. Ramesh Vaman Dhongde,
     Age 61 years, Occ : Retired,
     Residing at “Shampannya” Plot No. 47,
     Shwet Ganga Housing Society,
     Varje, Pune-411 052.

104. Anant L. Narayanan
     Age 66 years, Occ : Retired,
     Residing at :- 38/576, Lokmanyanagar,
     Pune-411 030.                                … Petitioners

              Versus

1.    State of Maharashtra

2.    The Secretary,
      Higher and the Technical Education

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     Department, Government of Maharashtra,
     Mantralaya, Mumbai 400 032.

3.   Director,
     Deccan College, Post Graduate and Research
     Institute [Deemed to be University]
     Pune 411 006.                                   ... Respondents

                           WITH
               WRIT PETITION NO. 7842 OF 2009

     Shri. Shivdas Tulsiram Barne
     Age-68 years, Occ : Retired,
     Residing at :- B-1/102,
     Silver Oak Floriana Estate,
     Kalyani Nagar, Pune-411 014.                   … Petitioner

             Versus

1.   State of Maharashtra

2.   The Secretary,
     Higher Education and Technical Education
     Department, Government of Maharashtra,
     Mantralay Annex, Mumbai-400 032.

3.   The Directorate,
     Higher Education
     Government of Maharashtra, Pune-411 001.

4.   Deccan College
     Post Graduate and Research Institute,
     [Deemed University], Yerwada,
     Pune-411 006.
     India
     E.mail – [email protected]
     Fax – 020-26692104, 26613253
     Tel No.- Deccan College-EPABX
     26692113, 26693794                              ... Respondents

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                            WITH
              WRIT PETITION NO. 10368 OF 2004
                            WITH
             CIVIL APPLICATION NO. 2178 OF 2010
                             IN
              WRIT PETITION NO. 10368 OF 2004

     Tilak Maharashtra Vidyapeth Padvyuttar
     Shikshak Sangh,
     Pune.
     201, Dhanvantari, Teachers’ Quarters,
     Tilak Maharashtra Vidyapeeth,
     Gultekdi, Pune-411 037.
     [A Trade Union registered under the
     provisions of Trade Union Act,
     Bearing Registration No.PN2168
     having its office at :-
     Tilak Maharashtra Vidyapeeth,
     Gultekadi,
     Pune-411037.]
     Through the Secretary
     Dr. Shraddha Kumbhojkar                      … Petitioner

            Versus

1.   State of Maharashtra

2.   The Secretary
     Higher and Technical Education Department
     Government of Maharashtra, Mantralaya,
     Mumbai-400 032.

3.   The Director
     Higher and the Technical Education,
     Maharashtra State, Pune.

4.   Tilak Maharashtra Vidyapeeth,
     [Summons to be served on the Registrar


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      Tilak Maharashtra Vidyapeeth, Gultekadi,
      Pune 411 037.

5.    Union of India

6.    University Grants Commission
      Bhaddurshah Jafar Marg,
      New Delhi-10067.                                 ... Respondents
                    __________________________
Mr. Anil Anturkar, Senior Advocate a/w. Mr. Amol Gatne i/b
Mr. Sugandh Deshmukh, for the petitioners.
Mr. N. R. Prajapati a/w. Mr. Y. S. Bhate, for Respondent No.5 in
WP/10368/2004.
Mr. Kedar B. Dighe, Addl. GP a/w. Mr. V. G. Badgujar, AGP for the
Respondent-State in WP/3900/2011.
Mr. Kedar B. Dighe, Addl. GP a/w. Mr. S. H. Kankal, AGP for the
Respondent-State in WP/7771/2004.
Mr. Kedar B. Dighe, Addl. GP a/w. Smt. P. B. Chavan, AGP for the
Respondent-State in WP/7842/2009.
Mr. Kedar B. Dighe, Addl GP a/w. Smt. R. A. Salunkhe, AGP for the
Respondent-State in WP/10368/2004.
Mr. S. R. Nargolkar a/w. Mr. S. S. Nargolkar, for Respondent No.3 in
WP/7771/2004.
                    __________________________

                             CORAM       : M. S. KARNIK AND
                                           SANDESH D. PATIL, JJ.

                             DATED       : 16th SEPTEMBER, 2026.

JUDGMENT (PER M. S. KARNIK, J.) :

1.         Detag Writ Petition No.7842 of 2009 from the present

group of writ petitions, since additional issues are involved. List Writ

Petition No.7842 of 2009 on 24th September 2026.

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2.          All these writ petitions are being decided by a common

judgment    since   common issues are            involved     regarding the

applicability of the Fifth Pay Commission benefits to the teachers in

the Deemed Universities from 1st January 1996 as per the claim made

by the petitioners, instead of 1st March 2000 / 1st April 2002 granted

by the State Government.

3.          We refer to the facts in Writ Petition No.7771 of 2004

filed under Article 226 of the Constitution of India for convenience.

The petitioners pray for the following reliefs :-

            “[A] That this Honourable Court be pleased to issue a writ
            mandamus or writ in the nature of mandamus or any other
            appropriate writ direction or order under Article 226 of the
            Constitution of India, 1950, directing the Respondent Nos.1
            and 2 to take the necessary measures, for the purpose of
            removing the discrimination in making benefits of the Fifth
            Pay Commission available to the teaching and the Non
            teaching serving employees as well as employees retired
            after 1st January 1996, of the Respondent No.3 Deemed
            University on par with the benefit already given to the
            teaching and the non teaching employees of the Non
            Agricultural Universities and/or the Colleges Affiliated
            thereto and be pleased to further direct the Respondents
            No.1 and 2 to give this benefit to the teaching and the non
            teaching employees of the Respondent No.3, with effect
            from the same date (1st January 1996) with effect from
            which, the benefit of the Fifth Pay Commission was made
            available to the teaching and the non teaching employees of
            the Non Agricultural Universities and the Colleges Affiliated
            thereto.”



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4.         The petitioner Nos.1 to 77 are teaching and non-teaching

staff members of respondent No.3 - Deccan College, Post Graduate

and Research Institute (Deemed to be University) and the petitioner

Nos.78 to 104 are former employees (teaching and non-teaching) of

respondent No.3, who are now retired on superannuation between

1st January 1996 and 31st March 2002.

5.           The respondent No.3- Deccan College, Post Graduate and

Research Institute has been granted the status of a Deemed

University and is one of the oldest educational institutions in India.

The Institute offers M.A., P.G. Diploma and Ph.D. courses in the

subjects of Archaeology and Linguistics. By a Government Resolution

(“GR”) dated 27th February 1989, the Fourth Pay Commission

recommendations came to be implemented. The said GR is about

the teachers in the Non-Agricultural Universities, Affiliated Colleges,

Government Institutes of Sciences/Management Studies/Social

Sciences; revision of the pay scale of the teachers and for

maintenance of the standards in the Higher Education. By this GR,

the benefit of the Fourth Pay Commission is made available to the

teachers in the Non-Agricultural Universities, Affiliated Colleges,

Government Institutes of Sciences/Management Studies/Social

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Sciences etc. The benefit however, under this GR was given only to

the teachers and not to the non-teachers.

6.         So far as the non-teaching employees are concerned, the

petitioners invited our attention to another Notification issued on

27th July 1989. The said notification provides for the Maharashtra

Non-Agricultural Universities and the Affiliated Colleges Standard

Code (Revised Pay of Non-Teaching Employees) Rules, 1989.             In

short, whatever benefit was given by the Fourth Pay Commission to

the teachers in the Non-Agricultural Universities, Affiliated Colleges,

Government     Institutes   of   Science/Management     Studies/Social

Sciences, the same has also been given to all the non-teaching

employees in Maharashtra working in Non-Agricultural Universities

and the Affiliated Colleges by the aforesaid Rules of 1989 contained

in the Notification dated 27th July 1989.

7.         In case of teaching and non-teaching employees of the

Non- Agricultural Universities and Affiliated Colleges, the benefit of

the Fourth Pay Commission has been given with effect from 1 st

January 1986. Although by the GR dated 27 th February 1989 and the

Government Notification dated 27th July 1989, the benefit of the



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Fourth Pay Commission was given to the teachers and non-teachers

in the Non- Agricultural Universities and the Affiliated Colleges and

not to the respondent No.3 College, a separate GR was issued by the

Education and Employment Department. By the GR dated 19 th

November 1991, the benefit of Fourth Pay Commission has been

given to the teaching and non-teaching employees of the respondent

No.3 from 1st January 1986, that is, from the very same day with

effect from which the teaching and the non-teaching employees

working in the Non- Agricultural Universities and the Affiliated

Colleges have been given the benefit of the Fourth Pay Commission

as per the Resolution dated 27th February 1989 and the Notification

dated 27th July 1989.

8.          By a Notification dated 4th February 1999, the benefit of

the Fifth Pay Commission has been given to the non-teaching

employees who are working in the Non-Agricultural Universities and

Affiliated Colleges. This has been done by the notification issued by

the Higher and Technical Education Department of the Government

of Maharashtra. The said notification has been issued under the

provisions of Section 8 of the Maharashtra Universities Act, 1994.

The    notification   includes   the   Maharashtra   Non-Agricultural

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Universities and the Affiliated Colleges Standard Code (Revised Pay-

Scale of the Non-Teaching Employees) Rules, 1999. Though these

Rules were passed in the year 1999, they are given with effect from

1st January 1996.     In other words, the benefit of the Fifth Pay

Commission has been given, in case of the non-teaching employees

working in the Non-Agricultural Universities and the Affiliated

Colleges from 1st January 1996, although the notification to that

effect was issued on 4th February 1999.

9.          This notification did not include the “teachers” and

therefore, so far as the teachers working in the Non-Agricultural

Universities,   Affiliated   Colleges,    Government    Institutes      of

Science/Management Studies/Social Sciences are concerned, the

revision of the Pay-Scale of the teachers and the other measures for

maintenance of the standards in the Higher Education were taken by

the Government of Maharashtra, by issuing the GR dated 11 th

December 1999. By this GR dated 11 th December 1999, the benefit of

the Fifth Pay Commission has been given to the teachers in the Non-

Agricultural Universities, Affiliated Colleges, Government Institutes

of Science/Management Studies/Social Sciences from 1 st January

1996. In this manner, so far as the teachers and the non-teaching

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staff working in the Non-Agricultural Universities and Affiliated

Colleges are concerned, have been given the benefit of the Fifth Pay

Commission with effect from 1st January 1996.

10.         It is the petitioners’ case that by a GR dated 1 st June

2002, the benefit of the Fifth Pay Commission has been made

applicable to the teaching and non-teaching employees working with

the respondent No.3-Deccan College. Thus, unlike the Fourth Pay

Commission, in the case of the Fifth Pay Commission, for the

implementation of the benefit of the Fifth Pay Commission, different

dates are prescribed. The date, 1 st January 1996, is prescribed for

giving the benefit to the teaching and non-teaching employees of the

Non-Agricultural Universities and Affiliated Colleges, whereas in the

case of respondent No.3 University, the date which has been chosen

is 1st April 2002.

11.         It is a matter of record that for the First, Second and

Third Pay Commission, like the Fourth Pay Commission, the date

which was chosen by the respondent Nos.1 and 2 for giving the

benefit of the First, Second and Third Pay Commissions was the very

same date with effect from which the benefit of the respective Pay



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Commissions were given to the teaching and non-teaching employees

working in the Non-Agricultural Universities and Affiliated Colleges

therein.

12.        It is the contention of the petitioners that so far as the First

to Fourth Pay Commissions are concerned, no discrimination was

made by respondent No.1, but such discrimination has been made

for the first time while implementing the recommendation of the

Fifth Pay Commission to the employees of respondent No.3.

13.        Some of the aggrieved          teachers therefore made a

representation to the concerned. In a communication received under

the Right to Information Act, the respondent admitted that for those

who had retired between 1st January 1996 and 31st March 2002, no

benefit has been given by virtue of the GR dated 1 st April 2002, but it

was promised that, soon the Government will take the decision for

those people who have retired between 1st January 1996 to 31st

March 2002, as to whether the said scheme can be made applicable

to them. The petitioners, as well as respondent No.3 on their behalf,

made several representations seeking parity. It is the case of the

petitioners that though the non-teaching staff of the respondent No.3



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were given the benefit from 1st January 1996, the teaching staff of

the respondent No.3 was deprived of the benefits. All other Non-

Agricultural Universities except the respondent No.3 deemed

University got the benefit of the Fifth Pay Commission from 1 st

January 1996. Learned Senior Advocate submits that the petitioners

deserve to be treated at par and the State is not justified in depriving

the petitioners these benefits.

14.         We have heard the learned Additional Government

Pleader for respondent Nos.1 and 2 who strongly opposed the writ

petitions. An affidavit-in-reply affirmed by Mr. Ashok N. Sarote,

Superintendent in the office of the Joint Director, Higher Education,

Pune Region, Pune has been filed on their behalf. In the additional

affidavit, it is stated that the same shall be treated as an additional

affidavit-in-reply in Writ Petition No.10368 of 2004. We therefore

refer to the stand of the respondent Nos.1 and 2 in Writ Petition

No.10368 of 2004. The following is the stand taken by the

respondent Nos.1 and 2 :-

(A)         The respondent No.3 was granted the status of Deemed

University by the Central Government. The Government of



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Maharashtra has provided the grants for teaching and non-teaching

staff to the sanctioned posts of the abovesaid institutions and not to

any other posts which have not been sanctioned by the State

Government. The Government of India has simply issued a

notification regarding the grant of status of deemed university to the

concerned colleges, but how much grant would be available to the

university has not been mentioned therein. The Government of

Maharashtra has sanctioned approximately 69 posts, thereby giving

salary grants to those sanctioned posts. The Government of

Maharashtra has been releasing salary grants to 69 sanctioned posts

and not to other unsanctioned posts.

(B)       The Government of Maharashtra made the Fifth Pay

Commission benefits applicable to all Non-Agricultural Universities

and colleges affiliated to it with effect from 1 st January 1996.

However, in respect of the Respondent No.3 deemed university, the

Fifth Pay Commission has been made applicable with effect from 1st

April 2002. Considering the budgetary resources and the prevailing

financial position of the State Government, it is purely a policy

decision of the State Government, and the State Government has not

made any discrimination in the application of the said policy decision

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to others. The petitioners are making a grievance regarding the

application of the Fifth Pay Commission and its benefits to the

employees with effect from 1st January 1996 and not from 1st April

2002. The application of the Fifth Pay Commission and its benefits is

purely a policy decision, considering the budgetary resources of the

State and the prevailing financial position of the State Government,

and therefore the Government is not making any discrimination to

any other institution. In view of the representation made by the

respondent    No.3-Deemed     University   Pune,      the   Government

considered those representations and accordingly, an appropriate

decision has been taken, by confirming the earlier decision, that is

application of the Fifth Pay Commission with effect from 1 st April

2002.

15.       The grant of Fifth Pay Commission to the non-teaching staff

with effect from 1st January 1996 is purely an administrative and

policy decision of the Government, considering the prevailing

budgetary resources of the State Government. However, the State

Government has also considered the problems of the teaching staff;

considering its budgetary resources, the Government has granted the

Fifth Pay Commission with effect from 1st April 2002. On the

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representations made, the State Government has taken a policy

decision, and therefore the issue need not be considered again.

The State Government has decided the issue sympathetically.

16.        In the additional affidavit-in-reply affirmed by Mr. Prakash

Dhondu      Bachhav,   Administrative   Officer   (Higher   Education),

Directorate of Higher Education, Maharashtra State, Pune in the Civil

Application No.2178 of 2010 in Writ Petition No.10368 of 2004, a

stand has been taken, which is similar to the one stated above.

Additionally, the stand is :-

(A)          The Human Resource Development at the centre has

directed the Education Secretary, State of Maharashtra vide its letter

dated 27th July 1998, wherein it is clearly stated that the State

Government after taking local conditions into consideration, may

also decide in their discretion to introduce scales of pay different

from those mentioned in the Scheme and may give effect to the

revised scales of pay from 1st January 1996 or at a later date. As per

the directions given in the said letter, considering the budgetary

resources and the prevailing financial position of the State

Government, the State Government of Maharashtra took a conscious



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decision to implement Fifth Pay Commission's benefits to the

petitioner from 1st April 2002.

(B)        The University Grants Commission (“UGC”, for short) has

made available 80% salary grant amount, only for the first five years

i.e. 1st January 1996 to 31st March 2000 for the Government

sanctioned posts of teachers in the State towards reimbursement of

Fifth Pay Commission. Since the financial position of the State

Government was not sound, the State Government was not in a

position to sanction the Fifth Pay Commission's scale from the

beginning, i.e. from 1st January 1996 for the teaching staff of any of

the Deemed Universities in the State. The State Government

sanctioned the Fifth Pay Commission’s pay scales to the teaching

posts of Non- Agricultural Universities in the year 1999, and as per

the UGC Notification, a demand was made to the UGC for the

reimbursement. The State Government had sanctioned the pay scales

to the teaching posts of the Deemed Universities on the basis of Non-

Agricultural Universities teachers' pay scale.     As the Fifth Pay

Commission had been implemented in 2002 and 2004 for the

Deemed Universities, the claim for the 80% reimbursement from the

UGC did not arise.

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(C)        The sanctioning of the pay scales to the posts sanctioned

by the State Government is the subject matter of the State

Government, and it depends on the financial position of the State

Government. While the Fifth Pay Commission was sanctioned to the

teaching staff of the Deemed Universities, the State Government was

not in a position to implement the Fifth Pay Commission from the

beginning i.e. from 1st January 1996, for the teaching posts approved

by the State Government in the Deemed Universities, and it was a

conscious decision. The amount received was only for the Non-

Agricultural Universities established under the State Universities Act

from the UGC for the period from 1st January 1996 to 31st March

2000. The pay scales of the petitioner in Writ Petition No.10368 of

2004 (Tilak Maharashtra Vidyapeeth) are sanctioned from 1 st April

2002; therefore, the question of asking for 80% reimbursement for

the first five years, i.e. 1 st January 1996 to 31st March 2000, from

UGC does not arise.

(D)        The Non-Agricultural Universities are established under

the Maharashtra University Act, 1994. The Deemed Universities are

established under the University Grants Commission Act, 1956

(“UGC Act, 1956”, for short). Therefore, these Deemed Universities

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are not Non-Agricultural Universities. The same is a Deemed

University established under the UGC Act, 1956.

17.           The Deemed Universities are under the control of the

UGC.       However, as a special case, the financial burden of some

employees of Deemed Universities has been taken by the State

Government. These Deemed Universities are :- (1) Deccan College

Post Graduate and Research Institute, Pune, (2) Tilak Maharashtra

Vidyapeeth, Pune, (3) Gokhale Institute of Politics and Economics,

Pune in the State of Maharashtra.

18.           Learned Additional Government Pleader on the basis of

the aforesaid stand taken in the various affidavits filed on behalf of

the State Government, was at pains to point out that a conscious

decision was taken to sanction the pay scales for the staff of the Tilak

Maharashtra Vidyapeeth from 1st April 2002. It is further submitted

that the decision is a policy decision having regard to the financial

implications, and since it was found that it was not financially viable

considering the prevalent financial position of the State, the

aforesaid decision was taken by the State which cannot be said to be

arbitrary or irrational.



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19.              We have heard Mr. Anturkar, learned Senior Advocate for

the petitioners and Mr. Kedar B. Dighe, learned Additional

Government Pleader for the respondent-State. We have perused the

writ petitions, the affidavit-in-replies and the materials on record.

CONSIDERATION :

20.              The petitioner Deemed Universities, as well as the

petitioners teaching staff of the Deemed Universities pray that the

State Government should implement the Fifth Pay Commission from

1st January 1996, to the teaching posts approved by the State

Government in the Deemed Universities. The State Government has

sanctioned the following teaching and non-teaching posts to all three

Deemed Universities, i.e. Gokhale Politics & Economics Institute,

Pune, Tilak Maharashtra University, Pune and Deccan College Post

Graduate & Research Institute, Pune. The following chart provides

the details of the sanctioned teaching and non-teaching staff for the

three Deemed Universities :-

           Sr.       Name of the University       Teaching     Non       Total
           No.                                      post     Teaching
                                                               Post
           1     Deccan College Post Graduate &     53          109       162
                 Research Institute, Pune




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           2    Tilak Maharashtra University,   17          52         69
                Pune
           3    Gokhale Politics & Economics    27          24         51
                Institute, Pune



21.             The benefits of the Fifth Pay Commission were made

applicable to the teaching and non-teaching employees of Deccan

College Post Graduate and Research Institute, Pune, vide the GR

dated 1st June 2002 with effect from 1st April 2002.

22.            The Government of Maharashtra, vide its Resolution dated

27th February 1989, implemented the pay scales of the Fourth Pay

Commission to the teachers in Non-Agricultural Universities,

Affiliated Colleges, Government Institute of Sciences/Management

Studies/Social Sciences for maintenance of the standard in higher

education. The same was extended to non-teaching employees also

with effect from 1st January 1986. The benefit of the Fourth Pay

Commission has been given to the teaching and non-teaching

employees working in the Deemed Universities with effect from 1 st

January 1986. Thus, teaching and non-teaching staff of the Deemed

Universities were treated at par with those of the other Non-

Agricultural Universities, Affiliated Colleges, Government Institute of



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Sciences/Management Studies/Social Sciences for the purpose of

benefit of Fourth Pay Commission with effect from 1 st January 1986.

23.        By the GR dated 11th December 1999, the Government of

Maharashtra extended the benefit of Fifth Pay Commission to

teaching and non-teaching employees in Maharashtra working in

Non-Agricultural Universities and Affiliated Colleges, Government

Institute of Sciences/Management Studies/Social Sciences with effect

from 1st January 1996. However, so far as Deemed Universities are

concerned, the benefits of the Fifth Pay Commission are made

applicable to a set of employees, mostly teachers, not with effect

from 1st January 1996 as in the case of other Universities, but with

effect from 1st April 2002.

24.          The status of Deemed University is being granted by the

Central Government and not by the State Government. The

petitioner University (in respective writ petitions) is Deemed to be a

University. The Non-Agricultural Universities are established under

the Maharashtra University Act, 1994. The petitioner Universities are

Deemed Universities established under the UGC Act, 1956. The

Deemed Universities are under the control of UGC. However, as a



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special case, the financial burden of some employees of Deemed

Universities has been taken by the State Government, viz. (1) Deccan

College Post Graduate and Research Institute, Pune, (2) Tilak

Maharashtra Vidyapeeth, Pune and (3) Gokhale Institute of Politics

and Economics, Pune. The State Government thus has taken the

liability of maintenance grant to be allotted to the Deemed

University. The State Government had given an assurance to the

Central   Government    to   provide   adequate      development      and

maintenance grant to the Deemed University; the State Government

has   made    applicable     Fifth   and   Sixth     Pay    Commission

recommendations to the concerned University.

25.        The Human Resource Development of the Central

Government has directed the Education Secretary vide its letter

dated 27th July 1998 wherein it is clearly stated that the State

Government, after taking local conditions into consideration, may

also decide in their discretion to introduce scales of pay different

from those mentioned in the scheme and may give effect to the

revised scales of pay from 1st January 1996 or a later date. In terms

of such a letter, considering the budgetary resources and the

prevailing financial position of the State Government, the State

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Government of Maharashtra took a conscious decision to implement

the Fifth Pay Commission pay scale to the Deemed Universities from

1st April 2002 in respect of one category of employees viz. mainly

teachers.

26.         The UGC made available 80% of the additional

expenditure involved in the implementation of the Fifth Pay

Commission for the period from 1st January 1996 to 31st March 2000.

Since the benefit of the Fifth Pay Commission is made applicable to

the concerned Deemed Universities with effect from 1 st April 2002,

according to the State Government, the question of 80% of

additional expenditure reimbursement from UGC now did not arise.

27.         It   is   the   stand   of   the   State     Government       that

implementation of pay scales to the posts, which are sanctioned by

the State Government, is the subject matter of the State Government

and depends on the financial position of the State Government.

While the Fifth Pay Commission was sanctioned to the teaching staff

of these Deemed Universities, the State Government was not in a

position to implement the Fifth Pay Commission from the beginning,

i.e. from 1st January 1996. Hence, a decision was taken to implement



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the Fifth Pay Commission to Deccan College with effect from 1 st

April 2002. The Deemed Universities are under the control of UGC;

however, in respect of these three Deemed Universities, the State

Government has taken financial liabilities of teaching and non-

teaching posts which are sanctioned by the State Government in the

University. The Fifth Pay Commission was made applicable to

teaching and non-teaching employees of the Deemed Universities

with effect from 1st April 2002 vide GR dated 1st June 2002.

28.        Thus, so far as Tilak Maharashtra Vidyapeeth (Writ

Petition No.10368 of 2004) is concerned, for the teaching staff the

pay scales of the Fifth Pay Commission are made applicable from 1 st

April 2002 and for non-teaching staff it is made applicable with

effect from 1st January 1996. So far as Writ Petition No.3900 of

2011 is concerned, except for teaching staff of 11 th and 12th standard

Junior College, the benefit of Fifth Pay Commission is given with

effect from 1st March 2000 whereas all other employees are given

with effect from 1st January 1996.

29.        No doubt the status of Deemed University is granted by

the Central Government. However, the State Government had taken



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the liability of maintenance grant to be allotted to these Deemed

Universities. As per the provision, an assurance was given by the

State Government to the Central Government to provide adequate

development and maintenance grant to the Deemed University; the

State Government made the applicable Fifth and Sixth Pay

Commission recommendations to the concerned Deemed University.

It is seen that the Human Resource Development directed the

Education Secretary vide its letter dated 27 th July 1998, wherein it is

clearly stated that the State Government, after taking local

conditions into consideration, may also decide in their discretion to

introduce scales of pay different from those mentioned in the scheme

and may give effect to the revised scales of pay from 1 st January 1996

or a later date.

30.         It must appreciated that the State Government has taken

the liability of maintenance grant to be allotted to the University.

There is no manner of doubt that the Deemed Universities which are

before the Court are institutes of repute, imparting education for a

considerable long number of years and even the State Government

does not dispute this position. On the contrary, the State

Government had taken the liability of maintenance grant to be

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allotted to the University. Undoubtedly, it is well within the

discretion of the State Government to introduce scales of pay

different from those mentioned in the scheme and may give effect to

the revised scales of pay from 1st January 1996 or a later date.

However, such decision has to be rational and not discriminatory.

31.        The State Government has taken a stand that since a

decision was taken to implement the pay scales with effect from 1 st

April 2002, the question of seeking financial assistance from the UGC

for the five years period does not arise. In this context, to the extent

of providing 80% financial assistance, it would be material to refer to

the communication dated 27th July 1998 addressed by the Director,

Human Resource Department to the Education Secretaries of all the

States. The contents of the letter are of some significance, and

therefore the same is reproduced reading thus :-

            “Madam/Sir,
                   I am directed to say that in fulfillment of the
            constitutional responsibility for coordination, determination
            and maintenance of standards in higher education, the Central
            Government and the University Grants Commission (UGC)
            have taken, from time to time, several measures. As a part of
            these efforts, the Central Government has revised the pay
            scales of teachers in Central Universities and Colleges
            thereunder in order to attract and retain talent in the teaching
            profession. A copy of the letter addressed to the UGC giving
            details of the revised scales of pay and other provisions of the
            Scheme of revision of pay scales is enclosed.

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          2.     In discharging its constitutional responsibility, the
          Central Government has decided to continue to provide
          financial assistance to the State Governments who wish to
          adopt and Implement the Scheme of revision of pay scales
          subject to the following terms and conditions :-
                (a) The Central Government will provide financial
                assistance to the State Governments which have opted
                for these revised pay scales to the extent of 80% of the
                additional expenditure involved in the implementation
                of the revision.
                (b) The State Governments will meet the remaining
                20% of the expenditure from their own sources.
                (d) The financial assistance, indicated above, would
                be provided for the period from 1.1.1996 to 31.3.2000.
                (e)    The entire liability on account of revision of pay
                scales, etc., of university and college teachers would be
                taken over by the State Governments w.e.f. 1.4.2000.
                (f)    The Central assistance would be restricted to
                revision of pay scales in respect of only those posts
                which were in existence and filled up on 1.1.1996.
          3.     The State Governments after taking local conditions into
          consideration, may also decide in their discretion to introduce
          scales of pay different from those mentioned in the Scheme,
          and may give effect to the revised scales of pay from January
          1, 1996, or a later date. In such cases, the details of the
          modifications proposed either to the scales of pay or the date
          from which the Scheme is to be implemented, should be
          furnished to the Government of India for its approval and,
          subject to the approval being accorded to the modifications,
          Central assistance on the same terms and conditions as
          indicated above will be available to the State Governments for
          implementation of the Scheme with such modifications,
          provided that the modified scales of pay are not higher than
          those approved under the Scheme.
          4.     The payment of Central assistance for implementation
          of the Scheme is also subject to the condition that the entire
          Scheme of revision of pay scales, together with all the
          conditions to be laid down in this regard by the UGC by way of
          Regulations, is implemented by the State Governments as a
          composite scheme without any modification except to the date
          of implementation and scales of pay as indicated above.



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            5.     It shall be necessary for the Universities and
            Managements of Colleges to make necessary changes in their
            statutes, ordinances, rules, regulations, etc., to incorporate the
            provisions of this Scheme.
            6.     The detailed proposal for implementation of the Scheme
            on the lines indicated above, may kindly be formulated
            immediately and sent to the Department of Education in the
            Ministry of Human Resource Development for examination so
            that Central assistance to the extent indicated above can be
            sanctioned for the implementation of revised scales of pay.
            7.      Anomalies, if any, in the implementation of the Scheme
            may be brought to the notice of the Department of Education
            in the Ministry of Human Resource Development for
            clarification.
            8.     The Scheme applies to teachers in all Universities
            (including Agricultural Universities) and colleges (excluding
            Agricultural, Medical and Veterinary Science Colleges)
            admitted to the privileges of the Universities.”
                                                        (emphasis supplied)


32.        It is thus seen from the aforesaid communication that in

fulfillment of the constitutional responsibility for coordination,

determination and maintenance of standards in higher education, the

Central Government and UGC have taken from time to time several

measures. As a part of these efforts, the Central Government has

revised the pay scale of teachers in Central Universities and Colleges

thereunder in order to attract and retain talent in the teaching

profession. It is in discharge of its constitutional responsibility that

the Central Government decided to continue and provide financial

assistance to the State Government who wish to adopt and

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implement the scheme of revision of pay scales, which is of course

subject to the aforementioned conditions. The Central Government

thus had agreed to provide financial assistance to the State

Governments which have adopted the revised pay scales to the

extent of 80% of the additional expenditure involved in the

implementation of the revision. The State Government was to meet

the remaining 20% of the expenditure from their own sources. The

financial assistance was to be provided for the period from 1 st

January 1996 to 31st March 2000. The entire liability on account of

revision of pay scales, etc. of university and college teachers was to

be taken over by the State Governments with effect from 1 st April

2000.

33.        No doubt the letter states that the State Government,

after taking local conditions into consideration, may also decide in

their discretion to introduce scales of pay different from those

mentioned in the Scheme, and may give effect to the revised scales of

pay from 1st January 1996 or a later date. In such cases, the details of

the modifications proposed either to the scales of pay or the date

from which the Scheme is to be implemented, had to be furnished to

the Government of India for its approval and, subject to the approval

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being accorded to the modifications, Central assistance on the terms

and conditions as indicated above would be available to the State

Governments for implementation of the Scheme with such

modifications, provided that the modified scales of pay are not

higher than those approved under the Scheme. The Scheme applies

to teachers in all Universities (including Agricultural Universities)

and colleges (excluding Agricultural, Medical and Veterinary Science

Colleges) admitted to the privilege of the Universities. As indicated

earlier the State Government had as a special case took the financial

burden of some employees of Deemed Universities.

34.        It is pertinent to note that the benefit of the Fourth Pay

Commission has been given to the        teaching and non-teaching

employees of the Deemed Universities with effect from 1 st January

1986, which is similar to the benefit in respect of all other Non-

Agricultural Universities, Affiliated Colleges, Government Institutes

of Sciences/Management Studies/Social Sciences.

35.        Learned Additional Government Pleader was at pains to

point out that the question of 80% expenditure of reimbursement

from UGC did not arise since the benefit of the Fifth Pay Commission



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is made applicable to the concerned Deemed Universities with effect

from 1st April 2000 / 1st April 2002. The aforesaid communication

dated 27th July 1998 mentions that the State Government, after

taking into consideration local conditions, may decide in the

discretion to introduce scales of pay different from those mentioned

in the scheme and may give effect to the revised scales of pay from

1st January 1996 or a later date. In our opinion, the discretion which

was exercised by the State Government ought to have been based on

settled principles of policy making. In a given case, even pleading

financial constraints with supporting materials may be a factor to

give effect to the revised pay scale from a later date. In matters of

policy decisions of State, this Court would be extremely slow to

interfere except when the same is arbitrary or irrational shocking the

conscience of the Court.

36.         The State Government has not introduced scales of pay

different from those mentioned in the scheme but has given effect to

the revised pay scales not from 1st January 1996 but from a later date

viz. 1st April 2000 / 1st April 2002. The State Government, having

taken the responsibility of the Deemed Universities, has maintained

parity with other Universities so far as the applicability of pay scales

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at least till the implementation of the Fourth Pay Commission

recommendations with effect from 1 st January 1986. However, so far

as non-teaching staff of Deemed University are concerned, the Fifth

Pay Commission was granted from 1st January 1996.          The State

Government says it is a pure administrative and policy decision,

considering the prevailing budgetary resources of the State

Government. The State Government says that it has also considered

the problems of teaching staff, and considering its budgetary

resources, the Government has made applicable the Fifth Pay

Commission with effect from 1st April 2002.

37.        The only reason cited for denying the benefits is

prevailing budgetary resources. In view of the communication dated

27th July 1998, the State Government in its discretion may introduce

the scales of pay different from those mentioned in the scheme,

taking local conditions into consideration. However, the exercise of

such discretion must be based on a sound rationale.

38.        The Central Government, conscious of its constitutional

responsibility for coordination, determination and maintenance of

standards in higher education, has taken from time to time several



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measures for revision of the pay scales of teachers in Central

Universities and Colleges thereunder in order to attract and retain

talent in the teaching profession. The Central Government in

discharging its constitutional responsibility, decided to continue to

provide financial assistance to the State Governments who wish to

adopt and implement the scheme of revision of pay scales on certain

terms and conditions. The State Government had already taken on to

itself the task of discharging its constitutional responsibility by

providing financial assistance for the maintenance of these Deemed

Universities, having regard to the importance of education.

39.           The Hon’ble Supreme Court in Avinash Nagra vs.

Navodaya Vidyalaya Samiti and Others1 observed that the success of

the educational process depends considerably on the teacher, for it is

the teacher who has to implant aims and to build the character of the

students. Borrowing the observations of Their Lordships, according

to Laski, at the bottom of education, the quality of a university is

always in direct proportion to the quality of its teacher. The Indian

society has elevated the teacher as ‘Guru Brahma, Gurur Vishnu Guru

Devo Maheswaraha’.

1 (1997) 2 SCC 534

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40.         The State of Maharashtra has taken the responsibility of

liability of maintenance grant to be allotted to the University and

assured the Central Government to provide adequate development

and maintenance grant to the Deemed University. It is with this

objective in mind that the State Government made applicable the

Fourth Pay Commission to the Deemed University teachers at par

with other universities.

41.         The Hon’ble Supreme Court in Avinash Nagra (supra)

observed that the State has taken care of the service conditions of the

teacher and he owed dual fundamental duties to himself and to the

society. The observations of the Hon'ble Supreme Court in Avinash

Nagra (supra) are relevant in the context of a teacher discharging

his/her duty in the noble teaching profession, and it is his duty to

nurture Constitutional ideals enshrined in Article 51A so as to make

the students responsible citizens of the country. It is a State which

has to take care of the service conditions of the teachers and ensure

that the teachers do not get a feeling that they have been meted out

discriminatory treatment.

42.         Of course, a claim for parity may not arise between a



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teaching and non-teaching staff, but when it comes to the

applicability of pay scales, there has to be a semblance of uniformity

and some rationale in its application. Two sets of employees viz. the

non-teaching staff are granted the Fifth Pay Commission from

1st January 1996; while the teaching staff is granted the benefit with

effect from 1st April 2002, citing financial constraints. We find it

difficult to accept the reason in the present backdrop. Policy

decisions are best left to the State Government. Even the

communication dated 27th July 1998 gives discretion to the State

Government to introduce scales of pay different from those

mentioned in the scheme or give effect to the pay scales from a later

date. However, in case of applicability of pay scales to teachers,

more so when the non-teaching staff has been given the benefit of

pay scale with effect from 1st January 1996, the discretion exercised

in applying different dates has to be based on well established

principles of policy making.

43.        The State Government has taken the responsibility of

providing maintenance grants to the Deemed Universities. The

Central Government had assured 80% of financial assistance of the

additional expenditure for the period from 1st January 1996 to

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31st March 2000. The State Government, except saying that there are

financial constraints without anything more, does not seek 80% of

the financial assistance from the Central Government for the period

from 1st January 1996 to 31st March 2000 and instead makes the

scales applicable from 1st April 2002 and, in some cases from 1 st April

2000. The non-teaching employees are, however granted pay scales

from 1st January 1996.     The present is a fit case where for the

fulfillment of the constitutional responsibility for coordination,

determination and maintenance of standards in higher education, in

discharge of its constitutional responsibility, the pay scales of the

teaching staff in respect of the aforesaid Deemed Universities ought

to have been made applicable from 1 st January 1996, as the

justification provided by the State Government militates against the

constitutional responsibility to be discharged by the State.

44.        The    following   circumstances,   in     our   opinion,     far

outweigh the justification of financial constraints cited by the State

Government, for otherwise we would have been slow in interfering

with a policy decision taken by the State Government in the exercise

of its discretion. The State has taken the responsibility of providing

maintenance grants to the Deemed Universities; the Fourth Pay

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Commission is made applicable with effect from 1 st January 1986 to

the teaching as well as the non-teaching employees at par with other

Non-Agricultural Universities/Colleges; the non-teaching employees

of the Deemed Universities are granted the Fifth Pay Commission

benefits from 1st January 1996 whereas the same is made applicable

to teachers from 1st April 2000 in some cases and from 1 st April 2002

in respect of the others; the Central Government in discharge of its

constitutional responsibility decided to continue to provide financial

assistance to the State Governments who wish to adopt and

implement the scheme of revision of pay scales to the extent of 80%

of the additional expenditure involved in the implementation of the

revision subject to certain terms and conditions; the State on its part

instead of granting the Fifth Pay Commission benefits from 1 st

January 1996 to the teachers of the Deemed Universities says that

due to financial difficulties as the pay scales are made applicable

from 1st April 2002, the question of seeking reimbursement from the

Central Government does not arise; it is not that the State has

introduced scales of pay different from those mentioned in the

scheme but it has given effect to the revised scales of pay at a later

date.

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45.        It is significant to note that 80% of the financial

assistance could have been availed by the State Government, which it

did not, in view of the decision to apply the scales from a later date.

The liability of the State for five years was therefore only 20%.

We do not find the justification good enough to deprive the

‘Teachers’ of Deemed Universities the benefits from 1 st January 1996.

46.        The State has taken care of service conditions of the

teachers and taken over the responsibility of providing maintenance

grants to the Deemed Universities. Granting the benefits of the Fifth

Pay Commission to the teaching and non-teaching staff from

different dates in the present case, citing the ground of financial

constraints, in our view, is not a sound exercise of discretion.

The State could have well considered granting the benefits of the pay

scales to the teachers of the Deemed Universities in respect of which

the State Government is providing the maintenance grants with

effect from 1st January 1996, and so far as arrears are concerned, the

same could have been paid over a period of time in case it faced

financial constraints during the relevant period. It is made clear that

we may not be understood to have observed that the State

Government, in its discretion, cannot make the pay scales applicable

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from a later date in a given case, but it is in the facts of this case that

we are interdicting with the decision of the State Government in

granting the benefits from 1st April 2000 / 1st April 2002 instead of

1st January 1996. Writ Petition Nos.3900 of 2011, 7771 of 2004

and 10368 of 2004 are accordingly allowed. Hence, the following

order :-

                                      ORDER

             (i)         It is declared that the date of applicability of

             the benefits of Fifth Pay Commission pay scales would

             be 1st January 1996 instead of 1st April 2000 / 1st April

             2002 as granted by the State Government in respect of

             the eligible petitioners/non-teaching staff of the Deemed

             Universities.

             (ii)        The eligible teachers/non-teaching staff of the

             Deemed Universities are entitled to the consequential

             benefits pursuant to the grant of pay scales from 1st

             January 1996 instead of 1st April 2000 / 1st April 2002.

             (iii)       The arrears be paid within a period of

             eighteen months from today.



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                                       (iv)       It is open for the State Government to apply

                                       to UGC to claim reimbursement as permissible.          If a

                                       representation is made, the same be considered

                                       expeditiously in accordance with the policy. We express

                                       no opinion on merits of such representation.

                                       (v)        So far as Career Advancement Scheme,

                                       including financial burden on the State Government,

                                       appropriate decision be taken by the State Government

                                       expeditiously, if not already taken. A fresh proposal or

                                       revised proposal if any, be submitted within a period of

                                       six weeks from the date of uploading of this order, if not

                                       already submitted and acted upon.


                           47.         The Writ Petition Nos.3900 of 2011, 7771 of 2004

                           and 10368 of 2004 are disposed of. Civil Application No.2178 of

                           2010 is also disposed of.




                              (SANDESH D. PATIL, J.)                        (M. S. KARNIK, J.)




                             Bhogale                                                         54/54
Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 16/09/2026 18:33:06


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