Yadurao Ananda Kakade Alias Survashe vs the State of Maharashtra

WRIT PETITION NO. 6765 OF 2018 WITH WRIT PETITION (ST.) NO. 209 OF 2021 WITH WRIT PETITION (ST.) NO. 215 OF 2021 WITH WRIT PETITION NO. 1034 OF 2022 WITH WRIT PETITION NO. 3358 OF 2025 WITH WRIT PETITION NO. 7428 OF 2024 WITH WRIT PETITION (ST.) NO. 6104 OF 2022 WITH WRIT PETITION (ST.) NO. 6144 OF 2022 WITH WRIT PETITION NO. 6767 OF 2018

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WITH WRIT PETITION NO. 12259 OF 2024 WITH WRIT PETITION NO. 12204 OF 2024 WITH WRIT PETITION NO. 12840 OF 2024 WITH

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WRIT PETITION NO. 14887 OF 2023 WITH WRIT PETITION NO. 14889 OF 2023 WITH WRIT PETITION NO. 6080 OF 2021 WITH WRIT PETITION NO. 6082 OF 2021 WITH WRIT PETITION NO. 6081 OF 2021 WITH WRIT PETITION NO. 3643 OF 2025 WITH WRIT PETITION NO. 4410 OF 2024 WITH WRIT PETITION NO. 14687 OF 2023 WITH INTERIM APPLICATION NO. 14766 OF 2024 IN WRIT PETITION NO.14687 OF 2023 WITH WRIT PETITION NO. 10693 OF 2022 WITH WRIT PETITION NO. 19110 OF 2024 WITH WRIT PETITION NO. 19391 OF 2024 WITH WRIT PETITION NO. 19392 OF 2024

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Mr. Suresh Pakale, Senior Advocate a/w Saurabh Pakale & Mr.Nilesh Desai i/b Mr. Shankar M. Katkar for the Petitioners in WP/6765/2018, WPST/209/2021, WPST/215/2021, WPST/6104/2022, WP/4410/2024, WP/14687/2023, WPST/6144/2022, WP/6767/2018, WP/14887/2023 & WP/6080/2021.

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Mr.V. P.Sawant, Senior Advocate (throughVC) a/w Mr.Nitin Dhumal for the respondent no. 6 to 14 in WP/6765/2018 & & for the petitioner in WP/14889/2023 & for the respondent-STES in rest of WP’s and for Respondent-STES in rest of the Petitions.

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Mr. Vaibhav Ugle for the Petitioner in WP Nos.3358/2025, 10693/2022 & WP/1034/2022.

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Mr. Vaibhav Ugle i/b Mr.Suraj Vishwakarma for the petitioner in WP Nos.1034/2022, 3358/2025 & 10693/2022.

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Mr. Pranav Bhoite for the petitioners in WP Nos.12259/2024, 12204/2024 & 12840/2024.

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Mr. Vaibhav Kulkarni a/w Mr.Yash Agarwal & Ms.Disha Rathod for the petitioner in WP Nos.7428/2024 & 3643/2025.

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Mr. Rui Rodrigues for the Respondent No.3 in WP/6767/2018.

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Ms. Anjali N.Helekar a/w Ms.Anu C.Kaladharan & Ms.Astha Arya for the Respondent No.3– AICTE in WP St/6104/2022, WP Nos.6144/2022, 12559/2024, 12204/2024, 12840/2024, 14889/2023, 4410/2024, 10693/2022, 19391/2024, 19392/2024 & for the Respondent No.4- AICTE in WP/7128/2024.

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Mr. Rajendra Anbhule a/w Ms.Nisha Ahire, Ms.Pooja Pall for the respondent no.4 in WP/6767/2018 & for the respondent no.5 in WP/6765/2018

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Ms. Aparajita R. Jha i/b Mr.Rahul Kamerkar for the respondent no.2 in WP Nos.6082/21, 14687/23 & 14887/23.

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Mr. N.V.Bandiwadekar , Senior Advocate a/w Ms.Smita Mane for the petitioner in WP Nos.19391/24 & 19391/24

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Mr. Vikas M. Mali , AGP for Respondent Nos. 1 and 2 in WP6765/2018, CAW/127/2018, WPST, 209/2021 and WPST/215/2021.

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Mr. P. P. Kakade, Addl.G.P. a/w S. B. Kalel, AGP for the State in WP/1034/22, WP3358/25, WP/7428/24, WPST/6104/22, WPST/6144/22, WP/6767/18.

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Mr. S.H. Kankal, AGP for the State in WP/12259/24.

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Ms. P. J. Joshi Deshpande, AGP for the State in WP/12204/24. S. P. Kamble, AGP for the State in WP/12840/2024 and WP/14887/23.

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D. S. Deshmukh, AGP for the State in WP14889/23, WP/6080/2021.

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P. N. Diwan, AGP for the State in WP/6081/2021, WP/6082/21.

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K. S. Thorat, ‘B’ Panel in WP/3643/25, WP/4410/24.

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Ms. Priyanka Chavan for the State in WP/14687/23, IA/14766/24.

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Mr. A. K. Naik, AGP for the State in WP/10693/22.

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Ms. A. A Purav, AGP in WP/19110/24, WP/19391/24.

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A. R. Deolekar, AGP for the State in WP/19392/24

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CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

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DATE: JULY 17, 2025

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FINAL ORDER (Per Ravindra V. Ghuge, J.):-

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On 9^th July, 2025 , we had passed the following order:

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“P.C.

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1. In all these matters, we made it clear to the learned senior Advocates as well as learned counsel appearing for the parties that we would be directing the Joint Director, Higher and Technical Education, Pune under the guidance of Director of Technical Education, to look into the various aspects and several disputed issues that have been

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raised in these Petitions. At the same time, the Management has filed an affidavit dated 9th July, 2025 declaring therein the details of those amounts which have been calculated and deposited in the individual accounts of the teaching and nonteaching staff. Approximately an amount of Rs.18,54,68,942/- has been deposited in the individual accounts of the teaching staff.

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2. The Petitioners have also filed an affidavit dated 9th July, 2025 indicating the amounts that have been received, those amounts which have not been received and the disputed amounts. The learned Senior Counsel submits on behalf of the Management that the amount of Rs.18,54,68,942/is actually paid as against the amount calculated at Rs.18,34,11,512/- in deference to the order dated 02nd September, 2024. The Petitioners are disputing even these aspects. In short, the Petitioners as well as the Management are seriously disputing each others quantification, calculations and amounts that have been deposited etc.

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3. What we find in short is that, in these Petitions, there are seriously disputed issues. We have not noticed a single aspect in the matter on which there is a meeting of mind of the Management and the Petitioners. Even on gratuity, there are several issues which are disputed. Hence, calling upon an Authority to supervise such issues, is not only in the interest of the litigating party, but would enable the said authority to monitor the monthly payments of salaries of teaching and non-teaching staff, calculate the outstanding dues to be paid by the Management, calculate the gratuity amount with 10% statutory interest to be paid and also calculate

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the retirement benefits which are purportedly not being paid to the Petitioners.

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4. The learned A.G.P. Mr. Mali submits on instructions from the Director, Technical Education that he would personally keep a watch on these issues between the Petitioners and the Management and he would ensure that the Joint Director of Higher and Technical Education, Pune is vigilant and diligent in following the directions of this Court in the interest of the employees, who have a grievance of salaries and amounts not being paid on time.

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5. We call upon the learned Advocates to furnish any further points which they intend to be considered by the Joint Director of Higher and Technical Education in order to have a resolution to the dispute between the parties.

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6. Stand over to 15th July, 2025 only to receive such points or suggestions to be considered for being incorporated in the order to be passed by this Court”

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2. These Petitions have been filed by the Petitioners with regard to

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the non-payment of their salaries or due to the non-payment of their retirement dues, as and when the occasion arose.

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The first Petition was filed by the Petitioners in the year 2018, primarily for the reasons that the Teaching and Non Teaching staff of the

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Respondent-Educational Institution, which is considered to be one of the largest Institutions in the State, had not been paid their monthly salaries. When this Court took cognizance of the Petitions, initially filed in 2018, and issued notices, several Petitions started trickling in, for the same cause of action. Apparently, large number of Petitions have been filed by the Petitioners under the belief that unless they don’t come to this Court, they might be ignored by the Management and their salaries may not be paid. Over these years, this Court has virtually entered into an exercise of considering several disputed contentions of the litigating parties.

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To put the issue in a nutshell, there has not been a single aspect in these matters which were not disputed, be it the issue of settling the pay scale or salary structuring or the non-payment of monthly salaries and for resorting to a strike for demanding unpaid wages/retirement benefits like gratuity, provident fund, leave encashment, etc.

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As the situation began getting more and more serious on account of the non-payment of the salaries or failure to pay the salaries within the time prescribed, this Court continued to pass various orders. In one of such order dated 2^nd September, 2024, this Court [Coram: Nitin Jamdar (as His Lordship Laxmi

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then was) & M. M. Sathaye, JJ] directed the management that the amount of Rs. 18,34,11,512/- should be paid, keeping in view the request made by the Educational Institution for time, on the ground of financial difficulties.

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Vide several orders passed thereafter on 17^th December, 2024, 3^rd March, 2025, 6^th March, 2025, 12^th March, 2025, 3^rd April, 2025 and 7^th May, 2025, the grievances of these Petitioners were taken into account and further orders were passed directing the Management to pay the outstanding dues. It also cannot be overlooked that the Management, owing to the aforesaid orders, has been depositing portions of the outstanding amounts in the accounts of the Petitioners and all those Employees, who are similarly situated, notwithstanding that they are not before the Court.

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These matters had also traveled to the Hon’ble Supreme Court. In one proceeding viz. Civil Contempt Petition No. 203/2025, the Hon’ble Supreme Court passed an order on 21^st April, 2025 and directed the alleged Contemnors (the Managing Director and Chairman of the Educational Institution, Shri. Maruti N. Navale and Others) to remain personally present in the Hon’ble Supreme Court. With reference to the said Contempt proceeding before the Hon’ble Supreme Court, Mr. Sawant, the learned Senior Advocate Laxmi

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appearing through V.C., clarifies on the basis of instructions and the record that the said proceeding was in connection with a terminated employee and with regard to whose reinstatement, the alleged non compliance had occurred.

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In view of the above, we formed a view that in these matters, which requires continuous monitoring by a competent authority for the purposes of verification of the records, for ensuring timely payments of salaries of the teaching and non teaching staff, as regards payments of retirement dues of those Employees who have retired etc., it would be beyond the jurisdiction of this Court to deal with several seriously disputed issues.

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Therefore, vide order dated 9^th July, 2025, we had observed that a Senior Authority from the Education Department, who would have over all superintendence and governance over such institutions, be entrusted with the task of dealing with such disputes of these litigating parties, which could be easily resolved if the Education Authorities deal with the disputed issues in the light of the pay scales that have been granted and the salaries that are to be paid to such Employees. It was in this context that we called upon the parties to tender their suggestions to be incorporated in this order, in order to facilitate

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the Education Authorities to deal with the issues of the teaching non teaching Employees qua the Management.

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The learned Senior Counsel Mr. Pakale, who appeared on behalf of the majority of the Petitioners, has submitted his suggestions as under:-

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a. The Director of Technical Education be kept in overall charge of these disputes so as to determine appropriate quantification of the amounts due and payable to the Employees and monitor their payments of monthly salaries on regular basis.

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b. The said authority be impressed upon to keep in mind that this Court has delivered a Judgment in Writ Petition 14395/2019 [Bhartiya Kamgar Sena Vs. the State of Maharashtra and others] by which, the Management is directed to implement the recommendations of the 6^th and 7^th Pay Commission and all beneficiaries/Employees who are in service or those who have retired, but fall within the ambit of such recommendations, be paid their salaries and arrears of salaries as well as retirement benefits, within four months from today.

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c. Similarly, the order of this Court in Writ Petition No. 8357 of 2021 (Bhimrao Gaikwad Vs. the State of Maharashtra and others) directing payment of salaries as per the Pay Commission’s recommendations keeping in view the GRs, be also followed.

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d. As like the directions to Director of Education and Deputy Director, similar directions be issued to Director of Secondary and Higher Secondary Education with reference to the Employees deployed in standard 1^st to 12^th establishment under the same RespondentManagement.

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e. Keeping in view that these lot of Employees would not covered by the MNTE Act , 1973, the Joint Director from the Directorate of Technical Education, Pune will have to deal with the cases/complaints/issues of the Petitioners in Writ Petition No. 6765/2018, WPST No. 209/2021, WPST No. 215/2021, Writ Petition No. 6081/2021, Writ Petition No. 6080/2021, Writ Petition (St.) No. 6104/2021 Writ Petition (St.) No. 6144 of 2022, Writ Petition No. 14889/2023, Writ Petition No. 4410 of 2024 and Writ Petition No. 19110 of 2024.

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f. The Petitioners be permitted to submit their arrears calculations to the Management with a copy to the Deputy Director, who will look into the said issue and determine the outstanding dues and payment of the arrears, as well as regular salaries of these Petitioners.

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g. Directions be separately issued to the Deputy Director to deal with the claims of the Petitioners as regards purported illegal recoveries of 65 days salaries of the Employees for having participated in a strike. While doing so, assistance of the order dated 4^th May, 2018 passed by this Court [Coram: B. R. Gavai (as his Lordship then was) & Bharati Dangre, J.J.] in Writ Petition No. 408 of 2018 and group of Petitions passed, be taken.

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The learned Senior Counsel Mr. Bandiwadekar representing the several Petitioners, has tendered his suggestions, reproduced verbatim as under:

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a. Within 15 days from today, the Petitioners shall submit to the Respondent Management, the application / representation mentioning the amount of arrears payable to the Petitioners by the Management,

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towards arrears of salaries in accordance with the pay scales prescribed under the 5 th, 6th and 7 th Pay Commissions from the date of appointment till the date of retirement / resignation / as of date; the amount of Gratuity payable by the Management for the period of service rendered by the Petitioner and the amount of the Employees Provident Fund for the said period of service.

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b. The Petitioner shall annex to such an application / representation, a Chart showing the calculations in respect of the amount payable, the amount actually paid and the amount of arrears receivable from the Management.

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c. A copy of application / representation, alongwith the Chart, shall also be submitted to the Joint Director of Higher Education, Pune Region, Pune within the same period of 15 days.

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d. After receipt of the application / representation from the Petitioner, the Management shall scrutinize the same. If the Management accepts / admits the claim made by the Petitioner either partially or entirely, the Management shall pay the said amount to the Petitioner within a period of 30 days from receipt of the application /

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representation.

e. In the event the Management not accepting the claim the Petitioner either partially or wholly, the Management shall prepare its justification for denying the said claim of the Petitioner. Thereafter the Management shall submit its justification to the Joint Director, within a period of 30 days from the date of receipt of the application / representation from the Petitioner. A copy of the said justification shall also be served upon the Petitioner within the same period of 30 days.

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f . After the receipt of the justification / response of the Management as mentioned above, the Joint Director shall issue notice to the Petitioner and the Management, requiring them to appear before him for hearing on the date mentioned in the said notice, which shall not be later than 45 days from the date of receipt of the justification / response from the Management.

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g. On the date of hearing, the parties shall appear before the Joint Director and make their oral submissions in support of their respective claim / justification. The parties are also entitled to submit

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written submissions, including the Government Resolutions / Circulars, Case Laws, etc. to support their rival contentions.

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h. After hearing the parties as mentioned above, the Joint Director shall pass a reasoned and speaking order in respect of the claim made by the Petitioner, within a period of 30 days from the date of hearing. The said order shall be communicated to the parties within a period of 15 days from the date of order.

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i . In the event of the Management accepting the order passed by the Joint Director in respect of the Petitioner, and any amount is due and payable to the Petitioner under that order, the Management shall pay the said amount to the Petitioner within 30 days from the date of receipt of the order from the Joint Director.

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j . Any party aggrieved by the order passed by the Joint Director shall be entitled to challenge the same before the appropriate forum in accordance with law.

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k. The order passed by the Joint Director, directing the Management to pay any amount to the Petitioner, shall be complied

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by the Management within a period of 45 days from the date of its receipt, subject to its right to challenge the said order before the appropriate forum within the same period of 45 days. In the event of the Management not complying with the order of the Joint Director, or the Management not obtaining appropriate interim relief from the appropriate forum against the said order, within the said period of 45 days, the Joint Director shall take appropriate action against the Management for compliance of his order, including the action for withdrawal of recognition granted to the College of the Respondent Management.

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l . The Writ Petition shall be placed on ..2025, only in order to

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report compliance of this order with regard to the final decision and action to be taken by the Joint Director.

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The learned Advocate for the Petitioners, in some of the Petitions, namely, Mr. Vaibhav Ugle, has suggested the following aspects:-

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a. Expedite the process before the Joint Director of Technical Education within the stipulated time.

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b. The said Authority would consider the claims of the Petitioners.

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c. The 7^th Pay Commission recommendations which are undisputedly applicable, be implemented.

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d. Appropriate calculations of the unpaid salaries of the Employees along with reasonable interest be carried out.

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e. Gratuity with the 10% statutory interest as is mandated, be quantified and be paid to the retired employees.

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f. Issue of leave encashments be dealt with.

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The learned Advocate Mr. Kulkarni, appearing on behalf of several Petitioners, has put forth his suggestions as under:-

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a. After the Employees tender their calculations to the Management with copies to the Joint Director, Technical Education, Pune, the said Authorities would call for the calculations from the Management within a particular time frame.

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b. A timeline be granted to the Petitioners as well as the Management to tender their calculations.

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c. The Joint Director, Technical Education would grant reasonable opportunity of hearing to all the stake holders and pass a reasoned order as regards the quantification and payment of the unpaid amount/salaries to the Employees.

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d. The Joint Director should also monitor the month to month payment of the salaries of the Employees at all levels, by ensuring that the said salaries are paid as per the regular pay rate. If monthly salaries are not paid in time and in accordance with the scales applicable, the Joint Director would initiate appropriate steps for imposition of interest on the delayed payments.

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e. If the Joint Director notices that the Management is neutralizing all its directions or orders, he be directed to adopt such legal steps as are permissible in law, by bringing the facts to the notice of the State Government for effective steps to achieve better administration of the Institution. Once the quantification of the unpaid amount are arrived at, the Management be directed to pay the same under the orders of the Joint Director, within a particular timeline.

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The learned Senior Advocate Mr. Sawant along with the learned Advocates for the Management, has tendered the points for consideration, which are reproduced verbatim here under :-

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a. All issues and contentions of the parties are to be kept open.

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b. Each case of the teaching staff is to be decided separately with independent reasons and evaluation of relevant facts pertaining to that faculty member. Jt. Director to decide each matter of entitlement on merits without being influenced by any order passed by this Hon’ble Court.

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c. DTE will ensure timely payment/reimbursement of fees by the State Government and the departments concerned to the Institutes to avoid delays in payment of salaries.

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d. The findings on payment of gratuity will be treated as prima facie and not binding on the parties and shall be determined by the Controlling Authority appointed under the Payment of Gratuity Act, 1972, in the event of a dispute, in accordance with law.

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e. VI and VII Pay commission benefit entitlement to be determined on case-to-case basis and independently on facts and law.

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f. Jt. Director shall pass a reasoned Order in each case with separate reasons and on consideration/evaluation of the facts of each case, the supporting documents submitted, and the applicable law.

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g. Any order adverse to the parties shall not be implemented in any manner for a period of 15 days from the date of receipt of the order by the parties.

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h. The Jt. Director of the office of the DTE or any of the statutory respondents shall not take any coercive action during the decisionmaking, nor pass any interim orders. All applications are to be decided within a period of _____ months from the date of the response of management.

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i. The teachers will submit their claims for payments along with supporting documents within a period of ____ days. The Management shall file their response within ____ days from receipt of the individual claim or grievance filed with the Jt. Director. The Jt. Director shall give a personal hearing to all the parties concerned in each case individually and pass separate, reasoned orders.

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In view of the above, we deem it appropriate to refrain from getting into such disputed issues. The Government gives salary and non-salary grants to such institutions. The statutory authorities who have superintendence and control over such institutions, can ensure that such institutions are administered in the manner in which they are expected to. Moreover, the aspects of proper applicability of the salary scales and payments of salaries, can be monitored by such authorities.

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Considering the above, we are issuing the following directions :-

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A. Needless to state that none of the litigating parties need be confused about any particular authority exercising its powers under our directions. In short, the Joint Director, Technical Education, Pune will be dealing with the grievances of the employees who are employed in the Engineering and Polytechnic Colleges. The same Authority would also consider the issues pertaining to the Pharmacy/Architecture/Polytechnic etc. colleges. The Divisional Deputy Director, Education, Pune shall deal with the grievances of all Employees/Management with regard to the schools in which education is imparted from 1^st to 12^th Standard including the CBSC schools.

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B. For Commerce College , the Deputy Director, Higher Education will consider the grievance of the Petitioner.

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C. We find that as the claims of these Petitioners range from nonpayment of regular salaries, up to the non-payment of the retirement dues, our directions herein below would be to the particular authorities within whose jurisdiction, the respective Employees would be covered in the light of the discussion in the foregoing paragraphs.

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D. In so far as the monthly payments of salaries of these Employees are concerned, the Competent Authorities would scrutinize as to whether the Respondent-Management is making the payment of the salaries strictly in accordance with recommendations of the Pay Commission as are applicable to the concerned Institution.

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E. The concerned Authorities would monitor such payments of monthly salaries by the Management, on month to month basis in view of the past dispute between the parties over a period of almost 7 to 8 years.

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F. The concerned Authorities, while ensuring the payment of appropriate monthly salary as per the lawful scales to the concerned Employees, would also ensure that such payments are made timely and in the event of any lapse, by giving an appropriate notice to the Management and considering its explanation, would pass appropriate orders for ensuring such payments. If the lapse is on the part of the Management, subject to hearing the Management, appropriate steps would be initiated by the Statutory Authorities as is permissible in law.

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G. In so far as the arrears of salaries/dues/gratuity/retirements dues etc, is concerned, the Petitioners would tender individual calculations to the Management, with a copy to the Competent Authorities, preferably within a period of 30 days. After receiving such charts, the Management would verify the claims of the Employees and draw its own calculations strictly in terms of the pay-scales applicable to these Employees. This exercise be completed within a period of 60 days.

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H. We find that as there is a consensus amongst the parties, that the undisputed amounts based on the calculations of the arrears by the Employees and those of the Management, would be released by the Management within a further period of 60 days. We direct accordingly.

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After the Management draws its calculations, akin to the procedure applicable to the Employees, it would also tender the copies of its calculations to the Employees as well as to the Competent Statutory Authorities, within a period of 10 days from the date of the arriving at the calculations.

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I. To the extent of the disputed amounts, the Statutory Authorities/Board, as the case may be, would apply its mind to the payscales governing the Management/Institution and deliver its conclusion on the issue as regards the disputed amounts, within a period of 120 days as is the request made by the learned AGP.

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J. The issue of whether a particular scale is applicable to a particular employee for the reasons of acquiring of higher qualifications etc, could also be within the domain of the Statutory Authorities to deal with, in the light of the Judicial pronouncement of the Hon’ble Supreme Court and the High Court. On the dispute of entitlement of a particular payscale, the Statutory Authorities is at liberty to call upon the stake holders to address him by scheduling time for such hearing. We observe that in so far as Employees are concerned, since they are in large numbers, they

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are at liberty to engage a legal Representatives and if there are many Representatives together, the Senior Legal Representative would address the Statutory Authorities. Needless to state, the parties would pragmatically deal with this suggestion. Same assistance of a Legal Representative for the Management would also be permissible. In so far as hearings through Legal Representatives are concerned, the Statutory Authorities would extend a maximum of five hours to the Employees Representative and a similar timeline of five hours to the Management.

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K. After such hearing, which shall be within the aforesaid timeline of 120 days, the Statutory Authorities would pass a reasoned order be within a further period of 30 days. If he comes to the conclusion that beyond the undisputed amount paid by the Management, some more amounts are required to be paid by the Management, we direct the Management to make such payments within a period of 30 days after the order of the said Authority. Copy of such order would also be delivered to the Representative of the Employees.

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