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
- Constitution of India — s. Article 226
- Right to Information Act
- University Grants Commission Act — s. 1956
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.)
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Signed by: Pradnya Bhogale
Designation: PA To Honourable Judge
Date: 16/09/2026 18:33:06
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