Petitioners seeking Academic Grade Pay in private Ayurveda colleges invoked a prior W.P., arguing a 2019 communication nullified the withdrawal of benefits ordered in 2018. Court disposed of the petition without further order as the grievance no longer survived.
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6660.18wp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.6660 OF 2018
( 2 ) 6660.18wp
VERSUS
Mr Y.S. Choudhari, Advocate for the petitioners; Mr S.B. Yawalkar, A.G.P. for respondent/State;
CORAM : PRASANNA B. VARALE & ANIL S. KILOR, JJ. DATED : 13th JANUARY, 2020
ORAL ORDER:
The present petition is filed on behalf of the petitioners who are admittedly working in the private
aided institutions, namely, private Ayurveda Colleges in the State of Maharashtra.
July, 2015 and treating the reference as directions, the benefits were granted to the petitioners and by communication dated 1st February, 2018, it is informed to the Director of AYUSH Sanchanalaya that as erroneously reference is being treated as directions and benefits are granted, it is necessary to withdraw these benefits and communication further refers that separate orders would be issued seeking recovery of the monetary benefits. In continuation of the communication dated 1st February, 2018, office order is issued on 6th February, 2018 whereby, the directions are issued to refix the pay scales and submit the compliance report. The office order dated 6th February, 2018 also refers to the cancellation of earlier office orders dated 31st August, 2017, 15th February, 2017, 6th March, 2017, 21st August, 2017 and 26th September, 2017.
petitioners were before this Court. It may not be necessary for us to refer other details of the petition
on the backdrop of the fact that the petitioners today placed on record a communication forwarded to the Director of AYUSH Sanchanalay through the Deputy Secretary of State of Maharashtra dated 26th July, 2019. The communication dated 26th July 2019, is taken on record and marked ‘X’ for identification. Perusal of this Communication shows that reference is made to the communication dated 1st February, 2018 which is impugned in the present petition. It is stated in the communication dated 26th July 2019, certain directions were issued by communication dated 1st February 2018 and then separate orders were passed for seeking the recovery of the benefits granted to the petitioners and the implementation was expected of. It is further stated in the communication that directions were by way of communication dated 1st February, 2018 were running contrary to earlier State Government decision dated 10th November, 2009 except the decision of grade pay scale in respect of Associate Professors. Then the communication concludes with a direction that the Government decision
dated 10th November, 2009 and as per directions in communication dated 29th March, 2010 and 17th January, 2012 based on the earlier communication dated 10th November, 2009 necessary steps be taken in respect of protecting the pay scales to the Associate Professors including Academic Grade Pay. As the communication dated 26th July, 2019 nullifies the effect of communication dated 1st February, 2018, the grievance raised in the petition no more survives is the submission of learned Counsel for the petitioners.
Counsel for the petitioners, we see no reason to pass any further order in the present petition and the petition is accordingly disposed of in view of the submission of the learned Counsel for the petitioners.
[ANIL S. KILOR, J.] [PRASANNA B. VARALE,J.]
Tupe
1 issue framed by the court
Whether the petitioners are entitled to Academic Grade Pay after a notification withdrew benefits granted in 2018 due to a subsequent Government decision.
Colour shows how this judgement treated each authority
Writ Petition No. 2448 of 2015Referred¶23
Dr. Nitin S/o Choudaman Jadhav and Others
The State of Maharashtra
The Director of Ayurved
The Maharashtra University of Health Sciences
Gangadhar Shashtri Gune Ayurvedic College
Prashanna B. Varale
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Prashanna B. Varale and Anil S. Kilor
Parties & counsel
