Disposed

State of Maha and Ors. v. Nilkanth Vyankatrao Kumbhar and Ors.

Bombay HC23 Aug 2018WP/4978/2004

Case brief

AI extract

What is this about?

This is a maintenance order in writ petitions challenging an Administrative Tribunal's decision to award upgradation and pay scale benefits to Assistant Lecturers. The High Court observed that the State had issued Government Resolutions granting the awarded benefits. Ruling that the Tribunal's order was implemented, the court disposed of the petitions.

What did the court decide?

Petition dismissed as the benefits awarded by the Tribunal have been implemented by the State via Government Resolution.

State of Maha and Ors. Vs Nilkanth Vyankatrao… — Pension and Retirement Benefits | Bombay HC (2018)

¶1

1 wp 4977.04

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

WRIT PETITION NO. 4977 OF 2004

¶4

The State of Maharashtra and others .. Petitioners

¶5

Versus

¶6

Arvind S/o Sumant Engineering and another .. Respondents

¶7

Mrs. M. A. Deshpande, Addl.G.P. for Petitioners. Shri A. V. Deshmukh, Advocate for the Respondent No. 1. Ms. Flony R. Menezes, Advocate h/f Shri S. V. Adwant, Advocate for the Respondent No. 2.

¶8

WITH

¶9

WRIT PETITION NO. 4978 OF 2004

¶10

The State of Maharashtra and others .. Petitioners

¶11

Versus

¶12

Nilkanth S/o Vyankatrao Kumbhar and others

¶13

.. Respondents

¶14

Mrs. M. A. Deshpande, Addl.G.P. for Petitioners. Petition is dismissed against the respondent No. 1. Shri A. V. Deshmukh, Advocate h/f Shri R. S. Deshmukh, for the Respondent Nos. 2 to 9.

¶15

Ms. Flony R. Menezes, Advocate h/f Shri S. V. Adwant, Advocate for the Respondent No. 2.

¶16

CORAM : S. V. GANGAPURWALA AND

¶17

S. M. GAVHANE, JJ.

¶18

DATE : 23RD AUGUST, 2018.

¶19

2 wp 4977.04

¶20

FINAL ORDER :

¶21

. Original applications were filed by the respondents with following prayers.

¶22

(A)To direct the Government to upgrade the
posts of Asst. Lecturers in Govt. Art
Institution in Maharashtra as lecturers with
effect from 1.4.1979 by issuing necessary
direction or order, as the case may be.

¶23

(B)To direct the Government of Maharashtra to
grant all other consequential benefits,
including the arrears of pay, promotion,
payment of salary in 3-type scheme of scales of
pay of teachers as introduced in Engineering
Colleges and other comparable technical
institutions etc. by issuing necessary
direction or order, as the case may be.

¶24

(C)To direct the State of Maharashtra to
decide the claim of the applicants regarding
upgradation of Asst. Lecturers as lecturers
with effect from 01.04.1979 and all other
consequential benefits within four months from
receipt of “writ of order” pending hearing and
final disposal of this applicant.

¶25

The Tribunal allowed the original applications. The Tribunal directed the respondents before it/present petitioners to notionally give the benefit with effect from the date as was accorded to the lecturers of Engineering College and Polytechnic Colleges.

¶26

We have heard Mrs. Deshpande, the learned Additional

¶27

3 wp 4977.04

¶28

Government Pleader for petitioners and Mr. A. S. Deshmukh, the learned counsel for the respondents/original applicants.

¶29

Subsequently the State has issued Government Resolution dated 27^th February, 2017 thereby granting benefits of II/III Tier pay scale to the lecturers of the Arts faculty working under the Government Arts College. The said benefits are given with effect from 01.01.1986. Under the Government Resolution dated 10^th November, 1993, the posts of Assistant Lecturers were redesignated as lecturers.

¶30

Basically, the prayers of the present respondents before the Maharashtra Administrative Tribunal were that, they should be accorded the benefits of III tier pay scale and the posts of Assistant Lecturers should be treated as lecturers as are treated for Engineering and Polytechnic faculty. In view of G. R. dated 10^th November, 1993, the said order of the Tribunal stands complied and the other reliefs granted by the Tribunal to grant II/III tier pay scale also stand complied under G. R. dated 27^th February, 2017.

¶31

Though the Tribunal had directed to consider the said benefits to the respondents from 01.04.1979 in effect it has granted actual benefit from 01.01.1986 or 26.07.1988 as would be decided by the Government. Under G. R. dated 27^th February,

¶32

4 wp 4977.04

¶33

2017, the Government has granted the said benefits to the lecturers in the Arts faculty of the Government Arts College with effect from 01.01.1986. The government resolutions refer to above are not pursuant to the directions of the Tribunal, but appears to be policy decision, the order of Tribunal stands implemented. The grievance raised by the present respondents in fact is fructified under the said Government Resolution.

¶34

Mr. Deshmukh, the learned counsel for the respondents submits that, the respondents may not agree with the pay scale prescribed under G. R. of the year 2017. In that event the respondents will have to assail the same before the Tribunal. Under the impugned order the Tribunal had not directed the State to give a particular pay scale.

¶35

Considering the aforesaid aspects of the matters, the grievance raised by the respondents and granted by the Tribunal stands implemented.

¶36

In the light of the above, the writ petitions stand disposed of. No costs. Rule discharged.

¶37

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.]

¶38

Digitally signed by Bhalchandra Bhalchandra Sudhakar Sudhakar Bodke Bodke Date: 2018.08.29 16:37:03 +0530

¶39

bsb/Aug. 18

State of Maha and Ors. v. Nilkanth Vyankatrao Kumbhar and Ors.

Case brief

What is this about?

What did the court decide?

State of Maha and Ors. v. Nilkanth Vyankatrao Kumbhar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tulsheeram Chandrasen Ukirde Vs the State of Maharashtra and Others

Nagnath Nivruttirao Kidile Vs the State of Maharashtra and Others

Walchand Dhondu Sonwane and Another Vs the State of Maharashtra and Others

State of Maha and Ors. Vs Arvind Sumant Engineer and Ors.

Digambar Hari Mane and Others Vs State of Maharashtra and Others

The State of Maharashtra and Others Vs Chudaman Daga Pawar