ARUNA v. The State of Maharashtra

1. Mr. Ramesh Balmohanrao Salunke Age: 58 Years, Occupation: Service, R/O. Shrikrishna Nivas Mantri Colony Banglow No.-03 Near M.I.T. Medical Colleage Ambejogai Road, Latur Pin 413512.

2. Mrs. Kale Arpita Sunil Age: 49 Years, Occupation: Service, R/O. D-2, Adam Villa, Shubham Complex, Near Old Octroi Naka, Chinchwad, Pune, Pin-411033.

3. Mr. Virendrakumar Trambaklal Gujarathi Age: 57 Years, Occupation: Service, Flat No.7, 2nd Floor, R.M.Heights, Indira Shankar Nagari, Paud Road Pune-411038.

4. Mrs. Meena Vijay Kadam Age: 44 Years, Occupation: Service, 59, Ambika Garden, Tukaram Nagar Talegaon Dabhade, Pin 410506.

5. Mrs.Charulata Chandrashekar Patil Age: 38, Years, Occupation: Service 22nd May 2025 WP NO.8357 OF 2021 & GROUP Lavikuns Plot No.47, Sector-29, Chaitanya Park Near D.Y.Patil College, Akurdi, Pradhikaran, Nigdi, Pin 411044.

6. Mrs. Vishakha Sandeepkharote-Chavan, Age: 36 Years, Occupation: Service, Flat No.303, 10B, Swapnapoorti Phase-2, Pradhikaran, Nigdi, Sector-26, Pune-411044.

7. Mrs. Gauri Tukaram Jadhav Age: 41 Years, Occupation: Service Rameshwar Hosusing Society Flat.No.-11, ‘G'block, Rh-75, Shahunagar, Chinchwad, Pune, Pin 411019.

8. Mrs. Leena Devdatta Nagarkar Age:32 Years, Occupation: Service Building-A,Flat No-15, Near Ganesh Temple, Bijlinagar, Chinchwad, Pune-411033.

9. Raju Bhim Gaikwad Age: 32 Years, Occupation: Service Siddharth Nagar, Dapodi, Pune Pin 411012. Versus

1. The State Of Maharashtra Through The Secretary, Higher And Technical Education And Employment Department Mantralaya, Mumbai 400032.

2. The Director Of Technical Education, Maharashtra State, 3, Mahapalika Marg, Mumbai-400001.

3. Joint Director of Technical Education (Pune Region.), 412, E, Shivaji Nagar, …. Petitioners 22nd May 2025 WP NO.8357 OF 2021 & GROUP Bahirat Patil Chowk, Pune-411 016.

4. All India Council for Technical Education (A.I.C.Τ.Ε.) Through Western Region Office, Industrial Assurance Building, 2nd Floor, Veer Nariman Road, Churchgate, Mumbai-400 020.

5. Pimpri Chinchwad Education Trust, Through its Secretary Sector No.26, Near Akurdi Railway Station, Pradhikaran, Nigadi Pune, Pin 411044.

6. The Principal, Pimpri Chinchwad Polytechnic, Sector No. 26, Near Akurdi Railway Station, Pradhikaran, Nigadi Pune Pin 411044. …. Respondents WITH WRIT PETITION NO. 9498 OF 2015 WITH INTERIM APPLICATION NO. 3907 OF 2021

1. Shri. Vijay Shripad Kulkarni, Age: 54 years, Occupation: Service, R/o. House no. 129, First Phase Ramaudyan, Pandharpur Road, Miraj Dist. Sangli. PIN 416410.

2. Shri. Ajit Mahavir Kamate, Age: 54 years, Occupation: Service, R/o. OM, 38, Ganesh Housing Society, Near Prabhakar Tiles, Sambhajipur, Tal. Shirol, Dist. Kolhapur PIN-416001.

3. Shri. Raju Shamrao Oak, Age: 51 years, Occupation: Service, R/o. House no 99, Ashirwad, Phase-1, Ramudyan, Phandarpur Road, Miraj, Dist. Sangli, 22nd May 2025 PIN - 416410.

4. Shri. Prashant Annasaheb Patil A.P. Nej, Tal. Hatkanangale, Dist. Kolhapur.

5. Shri. Keshav Dinkar Ligade Plot no. 124, Ganesh Housing Society, By-Pass Road, Sambhajipur, Tal. Shirol, Dist. Kolhapur, PIN – 416101. Versus 1 . The State of Maharashtra, through the Secretary, Higher and Technical Education and Employment Department, Mantralaya, Mumbai 400032.

2. The Director of Technical Education, Maharashtra State 3, Mahapalika Marg, Mumbai-400001.

3. All India Council for Technical Education (A.I.C.Τ.Ε.), through Western Region Office, Industrial Assurance Building, 2nd Churchgate, Mumbai-400 020. floor, Veer Nariman Road,

4. Dr. J.J. Magdum trust Through its Chairman Jaysingpur, Tal. Shirol, Dist. Kolhapur.

5. The Principal, Dr. J.J. Magdum Polytechnic, Jaysingpur, Tal. Shirol, Dist. Kolhapur. WP NO.8357 OF 2021 & GROUP …. Petitioners …. Respondents AND 22nd May 2025 WP NO.8357 OF 2021 & GROUP WRIT PETITION NO.41 OF 2016

1. Mr. Pravin Chandrakant Mhetre Age: 35 years, Occupation: Service, R/o. 17/377, Murdande Mala, Galli No.1, Ichalkaranji, Dist. Kolhapur PIN-416115.

2. Ms. Anita Anil Nimbalkar (Mrs. Anita Rajesh Pawar) Age: 25 years, Occupation: Service, R/o. Plot No-61, Mahatma Gandhi Colony, Old Kupwad road, Sangli Tal:Miraj, Dist.: Sangli, PIN-416416.

3. Ms. Amruta Ajitkumar Kore Age: 31 years, Occupation: Service, R/o. Ajinkyatara Housing Society. Plot No. 71, Behind Post Office, A/P: Jaysingpur, Tal: Shirol, Dist.: Kolhapur PIN – 416101.

4. Ms. Manisha Mahaveer Magdum (Mrs. Manisha Ritesh Jadhav) Age: 29 years, Occupation: Service, R/o.305, Mangeshwar Chowk, Sangliwadi, Sangli PIN – 416416.

5. Ms. Prajakta Babgonda Patil (Mrs.Prajakta Sushant Chiparage) Age: 28 years, Occupation: Service, R/o. A/P: Ankali, Tal.-Miraj, Dist.: Sangli Pin: 416416.

6. Ms. Minakshi Ganpati Mankale, Age: 28 years, Occupation: Service, 22nd May 2025 R/o C/O Shripati Ishwara Kore, 20/210, Bhone Mal, Behind Jivheshwar Mandir, Ichalkaranji, Dist.: Kolhapur PIN-416115. Versus

1. The State of Maharashtra, through the Secretary, Higher and Technical Education and Employment Department, Mantralaya, Mumbai 400032.

2. The Director of Technical Education, Maharashtra State 3, Mahapalika Marg, Mumbai-400001.

3. All India Council for Technical Education (A.I.C.Τ.Ε.), through Western Region Office, Industrial Assurance Building, 2nd floor, Veer Nariman Road, Churchgate, Mumbai-400 020.

4. Shree Datta Shetkari Sahakari Sakhar Karkhana Ltd. Charitable Trust, Through its Chairman, Post Datta Nagar Tal. Shirol, Dist. Kolhapur PIN 416120.

5. The Principal, Shree Datta Polytechnic College, Post Datta Nagar Tal. Shirol, Dist. Kolhapur PIN 416120. WP NO.8357 OF 2021 & GROUP …. Petitioners …. Respondents Mr Suresh Pakale, Senior Advocate a/w Mr Nilesh Desai, Advocate for the Petitioners in all petitions. Dr. Uday Warunjikar a/w Mr. Sumit Kate, Advocates for Respondent No. 4 in WP No.9498 of 2015. Mr Mihir Govilkar, Advocate for Respondent No. 4 in WP No.8357 of 2021. 22nd May 2025 WP NO.8357 OF 2021 & GROUP Adv. Anu C. Kaladharan h/f Adv. Anjali N. Helekar for Respondent No.3 in WP No.8357 of 2021, WP No.2888 of 2022, WP No.9498 of 2015. Sr. Adv. A. V. Anturkar i/by Adv. Sugandh Deshmukh for Respondent Nos. 5 & 6 in WP No.9590 of 2015. Adv. K. S. Thorat 'B' Panel Counsel for the Respondent - State in WP/8357/2021. Adv. V. M. Mali, AGP for the Respondent State in WP No.2888 of 2022. Adv. Ashwini Purav, AGP for the Respondent State in WP No.9590 of 2015. Adv. P. J. Gavhane, AGP for the Respondent - State in WP No.9498of 2015. Adv. T. J. Kapre, AGP for the Respondent - State in WP No.41 of 2016. Ms. Vaishali L. Maindad for the Respondent Nos.6 & 8 in WP No.8357 of 2021. Adv. Padmanabh Pise i/b V.B. Rajure for Respondent Nos.4 and 5 in WP No.41/2016. Adv. Mihir Govilkar for Respondent No.4 – MSBTE in WP No.8357/2021 and WP No.2888/2022. Adv. Anjali Helekar for Respondent No.3 (AICTE) in WP No.8357/2021, WP No.2888/2022 and WP No.9498/2015. CORAM : NITIN W. SAMBRE & ASHWIN D. BHOBE, JJ. Reserved on : Pronounced on : 21st MARCH 2025 22nd MAY 2025 PER COURT :

2. Heard learned Counsels appearing for the parties. The issue involved in the present Petitions is common, and, as such, the Petitions are taken up together for disposal. 22nd May 2025 WP NO.8357 OF 2021 & GROUP

3. Rule. The rule is made returnable forthwith with the consent of and at the request of the learned counsels appearing for the parties. Learned Counsels appearing for the respective Respondents waive service.

4. Factual Matrix involved in the Petitions, relevant for the adjudication are as under : (A) WRIT PETITION NO.8357/2021 Petitioners are working as lecturers at Nutan Maharashtra Vidya Polytechnic(Respondent No. 7). The Respondent No. 7 by their application dated 3rd December, 2017 sought NOC from the Respondent No. 4 (Maharashtra State Board of Technical Education), under section 35 of the Act to convert Respondent No. 7 Polytechnic into an Engineering College. The undertaking appended to the said application gave the details as to how the existing employees would absorbed. Vide GR dated 20th June, 2018 Respondent No. 1(The State of Maharashtra) granted permission. Petitioners claim that the Respondent No.7 despite their assurances made to the Petitioners of protecting service conditions and salaries failed to abide by the same. Petitioners further claim that after obtaining no objection certificate from the authorities transfer orders were issued to the Petitioners. Petitioners have sought for the following reliefs : (a) This Hon'ble Court may be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Certiorari and/or a Writ in the nature of Certiorari or any other appropriate Writ and direction, and call for the papers and proceedings from 22nd May 2025 WP NO.8357 OF 2021 & GROUP Respondent Nos.1 to 5 to ensure that in respect of GR dated 20th June, 2018 and after examining its legality validity and propriety and quash for the same. In the alternative, the present Petitioners be appropriately absorbed by protecting their post service seniority etc. in i.e. 8 School and they be fixed in a scale as applicable to their post and seniority. (b) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos.1 to 5 to ensure that Respondent Nos.6 to 8 to pay the arrears of salaries arising out of non payment of salary as per the Sixth pay scales to the Petitioners from their initial date of appointment and to implement the Seventh Pay Commission Pay Scales with effect from 1.1.2016 and implement allowances as per Government rules in vogue from time to time to the Petitioners along with 12% compound interest on the arrears due to the Petitioners. (c) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 6 to 8 to enforce and/or give effect to the VI pay Commissions Pay Scales introduced under Government Resolution dated 20 August 2010 from due date as applicable to the Petitioners with all arrears payable to them there under and VI pay scales and implement the Seventh Pay Commission Pay Scales introduced under Government Resolution dated 11 September 2019 together with Circular dated 29th September, 1995 with all arrears payable thereunder. (d) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 6 to 8 to pay the gratuity payable to the Petitioners under the Payment of Gratuity Act, 1972. (e) Pending the hearing and final disposal of this Writ Petition, the Respondent Nos. 1 to 5 be directed to take appropriate and necessary actions against Respondent Nos. 6 to 8 for committing gross irregularities in not following the provisions of Government Resolution dated 20 June 2018 granting permission for the conversion of Nutan Maharashtra Vidya Polytechnic to Nutan College of Engineering and Research, Pune and then submit report to this Hon'ble Court. 22nd May 2025 WP NO.8357 OF 2021 & GROUP If the conditions laid down in Government Resolution dated 20 June 2018 are violated, then the said Government Resolution may be set aside. (f) Ad-interim reliefs in terms of the prayer clauses (a), (b) & (d). (g) Cost of the petition may be provided for the Petitioners. (B) WRIT PETITION NO. 2888/2022 Petitioners are the teaching and non-teaching staff employed by the Respondent No. 6 (Jumma Masjid Charitable Trust) working at the Jumma Masjid Charitable Trust’s JMCT Polytechnic (Respondent No. 7). Petitioners contend that despite Government Resolution dated 20th August, 2010 and Government Resolution dated 11th September 2019 which make the VIth Pay Commission and VIIth Pay Commission applicable to the staff of Engineering Institute, the Respondent Nos. 6 and 7 have refused to pay the allowances and salaries of the Petitioners in terms of the said Resolutions. Petitioners have sought for the following reliefs : “(a) this Hon'ble Court may be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Order and/or direction directing Respondent Nos. 1 to 5 to ensure that Respondent Nos. 6 and 7 continue the pay the Petitioners' salaries in the appropriate, maternity leave period salary of Petitioner Nos. 6 and 14 be paid to them and admissible Pay Scale as per their posts and seniority, and further not to take any punitive action as regards the employment of the Petitioners in any manner whatsoever. (b) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Order and/or direction directing Respondent Nos. 6 and 7 to enforce and/or give effect to the VI pay Commissions Pay Scales introduced 22nd May 2025 WP NO.8357 OF 2021 & GROUP under the GR dated 20 August 2010 (for the teaching staff) and GR dated 22 April 2009 (for the non-teaching staff) as applicable to the Petitioners with all arrears payable to them thereunder, with interest on unpaid salaries as per Government Resolution dated 22 November 1994 r/w Circular dated 29th September 1995 with all arrears payable thereunder. (c) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Order and/or direction directing Respondent Nos. 6 and 7 to enforce and/or give effect to the VII pay Commissions Pay Scales introduced under the GR dated 11 September 2019 (for the teaching staff) and GR dated 16 September 2019 (for the non-teaching staff) as applicable to the Petitioners with all arrears payable to them thereunder, with interest on unpaid salaries as per Government Resolution dated 22November 1994 r/w Circular dated 29th September 1995 with all arrears payable thereunder. (d) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Order and/or direction directing Respondent Nos. 6 and 7 to pay the Gratuity payable to the Petitioners under the Payment of Gratuity Act, 1972. (e) this Hon'ble Court may be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate Writ, Order and/or direction directing Respondent Nos. 1 to 5 to remove the name of the Respondent No. 7 Institution from the No- Admission Category, and further direct Respondent Nos. 6 and 7 to admit students in their Institution against the sanctioned intact of 360 students in all the faculties. (f) Pending the hearing and final disposal of this Writ Petition, the Respondent Nos. 1 to 5 be directed to take appropriate and necessary actions against Respondent Nos. 6 and 7 for committing gross irregularities in not obtaining the Extension of Approval for the courses run at the JMCT Polytechnic for the AY 2021-22. (g) Pending the hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to direct Respondent Nos. 6 and 7 not to take any adverse or punitive action against the Petitioners in any manner whatsoever and they be 22nd May 2025 WP NO.8357 OF 2021 & GROUP permitted to report for work regularly as per the present practice, and further restrain Respondent Nos. 6 and 7 and/or their agents, servants or any one claiming through them from terminating/transferring the services of the Petitioners and/or altering the service conditions of the Petitioners to their detriment and, pay the Petitioners their salaries regularly as prayed in prayer clause (c) and (d). (h) Pending the hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to direct Respondent Nos. 1 to 5 to remove the name of the Respondent No. 7 Institution from the No-Admission Category, and further direct Respondent Nos. 6 and 7 to admit students in their Institution against the sanctioned intake of 360 students in all the faculties. (i) Ad-interim reliefs in terms of the prayer clauses (b), (e) and (g). (j) Costs of the Petition may be provided for the Petitioners.” (C) WRIT PETITION NO.9590/2015 Petitioners are teaching and non-teaching staff working at Pimpri Chinchwad Polytechnic, Akurdi, Pune an Institute managed and run by Respondent Nos. 5 and 6. Petitioners seek directions to the Respondent Nos. 5 and 6 to extend the service conditions applicable to them and to give benefits of the time scale promotions as per Government Rules and Regulations in vogue and for a direction to pay all the arrears and other service benefits and make applicable the other service benefits provided under Government Resolutions and Circulars issued by the Director of Technical Education, Maharashtra, Mumbai from time to time. Petitioners have sought for the following reliefs : “a) This Hon'ble Court may be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 5 & 6 to enforce and / or give effect to the circular no.2/NGC/1095/3896 dated 22nd May 2025 WP NO.8357 OF 2021 & GROUP 29/9/1995, Government Resolution RPS 1220/1/TE-6 dated 27/02/2003, and Government Resolution no TED 1099/(168/99]/ TS-5 dated 20/10/2000. And extend the benefits payable thereunder to the Petitioners. b) This Hon'ble Court may be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 5 & 6 to enforce and draw the monthly salary of the Petitioners accordingly and further. c) To implement Senior Lecturer scale and Selection grade scale and Pay band 4 with applicable Academic Grade Pay (AGP) from the due applicable dates as set out in Exhibit "A" to the Petition. The provisions of the government resolutions in favour of Petitioner Nos. 2 to 6 (Teachers) and to give effect to Government Resolution no SRV-1095/Pr.Ka.1/195/ VaRa dated 8 June 1995 and Government Resolution no. TED 1099/ (168/99) /TE-5 dated 20/10/2000 and Government Resolution No. RPS 1209/CR-27/SER-9 Dated 22 April 2009 in favour of Petitioner Nos. 1, 7 to 9 (non teaching staff). d) This Hon'ble Court may be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 5 & 6 to enforce and direct to draw monthly salary of the Petitioners in accordance with the Government pay scales and allowances applicable to the posts held by the Petitioners on or before 10th of every month. e) Pending the hearing and final disposal of this writ petition, this Hon'ble Court may be pleased to issue an order and injunction of this Hon'ble Court restraining Respondent Nos. 5 & 6 or its agents, servants and/or anyone claiming through them from terminating. transferring, suspending or demoting the services of the Petitioners and/or altering the service conditions of the Petitioners to his detriment and further Respondent nos. 5 & 6 be directed to draw monthly salary and allowances as per Government Rules in vogue from time to time. f) Ad-interim reliefs in terms of the prayer clauses (a) to (e). g) Cost of the petition may be provided to the petitioners. h) Such Order or other reliefs that may be necessary may kindly be passed.” 22nd May 2025 WP NO.8357 OF 2021 & GROUP (D) WRIT PETITION NO.9498/2015 Petitioners are full time, permanent teaching faculty at Dr. J.J. Magdum Polytechnic, Jaisingpur, Kolhapur, managed by Dr. J.J. Magdum Trust, Jaisingpur, Kolhapur. Petitioners are seeking a directions to the said Respondent Nos. 4 and 5 to pay salary and arrears of pay and other service benefits, in terms of the Government Resolutions and Circulars of Director of Technical Education, Maharashtra from time to time and for implementation of the time scale promotions as per the Government Rules and Regulations in vogue. Petitioners have sought for the following reliefs : “a) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 4 & 5 to enforce and / or give effect to the VI pay Commissions pay scale in pay board 4 introduced under G.R. dated 20th October, 2010 with applicable Academic Grade Pay (AGP) from due date as applicable to the Petitioners with all arrears payable to there under and Government Resolution RPS 1220/1/TE-6 dated 27/02/2003, and Government Resolution no. TED 1099 /(168/99]/ TS-5 dated 20/10/2000 together with circular dated 29th September, 1995 with all arrears payable to there under. b) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 4 & 5 to make adequate financial provisions for payment of gratuity payable to the Petitioners, at the time of their retirement by taking necessary & appropriate steps as provided under the Payment of Gratuity Act. Respondent no 4 & 5 may be directed to raise the gratuity fund and make necessary contributions in the gratuity fund to make sufficient provision of funds for the payment of 22nd May 2025 WP NO.8357 OF 2021 & GROUP gratuity to the Petitioners as per the provisions of the Payment of Gratuity Act. c) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 4 & 5 direct Respondent Nos. 4 & 5 to pay monthly salary & wages to the Petitioners on or before 10th day of every month regularly. d) Pending the hearing and final disposal of this writ petition, this Hon'ble Court may be pleased to issue an order and injunction of this Hon'ble Court restraining Respondent Nos. 4 & 5 or its agents, servants and/or anyone claiming through them from terminating, transferring, suspending or demoting the services of the Petitioners and/or altering the service conditions of the Petitioners to their detriment and further Respondent nos. 4 & 5 be directed to draw monthly salary and allowances as per Government Rules in vogue from time to time on or before 10th day of every month. e) Ad-interim reliefs in terms of the prayer clauses (a) (c) & (d). f) Cost of the petition may be provided for the Petitioners. g) Such order and further reliefs that may be necessary may kindly be passed.” (E) WRIT PETITION NO. 41/2016 Petitioners are full time, permanent teaching faculty at Shree Datta Polytechnic College, Shirole, Kolhapur managed by Shri Datta Shetkari Sahakari Sakhar Karkhana Ltd. Charitable Trust, Shirole, Kolhapur. Petitioners claim a direction to the Respondent Nos. 4 and 5 to pay their salaries and arrears of pay and implement service benefits in terms of the Government Resolutions and Circulars issued by the Director of Technical Education, Maharashtra State from time to time and to pay dearness allowances and other allowances as per the Government 22nd May 2025 WP NO.8357 OF 2021 & GROUP Rules and Regulations in vogue from time to time. Petitioners have sought for the following reliefs : “a) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 4 & 5 to enforce and / or give effect to the VI pay Commissions pay scale introduced under G.R. dated 20th August 2010 with applicable Academic Grade Pay (AGP) from due date as provided and as admissible to the Petitioners together with the annual increments as per the provisions of G.R. dated 20th August 2010 and arrears payable thereunder from the due date till date. b) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 4 & 5 to make adequate financial provisions for payment of gratuity payable to the Petitioners, at the time of their retirement by taking necessary & appropriate steps as provided under the Payment of Gratuity Act, 1972. Respondent no 4 & 5 may be directed to raise the gratuity fund and make necessary contributions in the gratuity fund to make sufficient provision of funds for the payment of gratuity to the Petitioners as per the provisions of the Payment of Gratuity Act, 1972. c) This Hon'ble Court be pleased to exercise powers vested in it under Article 226 of the Constitution of Indian and issue a writ of Mandamus and/or Writ in the nature of Mandamus, order and direction directing Respondent nos. 1 to 3 to take appropriate legal action against Respondent Nos. 4 & 5 for their unconstitutional and illegal actions as averred in the Petition. d) This Hon'ble Court be pleased to exercise the powers vested in it under Article 226 of the Constitution of India and to issue a Writ of Mandamus and / or a Writ in the nature of Mandamus or any other appropriate writ and direction, directing Respondent Nos. 4 & 5 direct Respondent Nos. 4 & 5 to pay monthly salary & wages with dearness allowance and other allowances payable to the Petitioners on or before 10th day of every month regularly. e) Pending the hearing and final disposal of this writ petition, this Hon'ble Court may be pleased to issue an order 22nd May 2025 WP NO.8357 OF 2021 & GROUP and injunction of this Hon'ble Court restraining Respondent Nos. 4 & 5 or its agents, servants and/or anyone claiming through them from terminating, transferring, suspending or demoting the services of the Petitioners and/or altering the service conditions of the Petitioners to their detriment and further Respondent Nos. 4 & 5 be directed to draw monthly salary and allowances as per Government Rules in vogue from time to time on or before 10th day of every month. f) Ad-interim reliefs in terms of the prayer clauses (a) (c) & (d). g) Cost of the petition may be provided for the Petitioners. h) Such order and further reliefs that may be necessary may kindly be passed.”

5. Though Petitioners have sought for various reliefs in the Petitions, however, Mr Suresh Pakale, learned Senior Counsel appearing for the Petitioners in all the above Petitions, has restricted the prayers to seek directions to the Respondents Management to obey and discharge their statutory obligations in extending the revised pay scales prescribed by the following Government Resolutions (GRs): (i) GR dated 11th December 1999 whereby a revised pay scale (popularly known as the V Pay Scale) came to be introduced by the State Government to employees employed in Polytechnics. (ii) GRs dated 20th August 2010 (for the teaching staff) and 22nd April 2009 (for the non-teaching staff) by which revised pay scales (popularly known as VI Pay Scale) came to be introduced by the State Government to employees employed in Polytechnics. 22nd May 2025 WP NO.8357 OF 2021 & GROUP (iii) GRs dated 11th September 2019 and 16th September 2019 by which revised pay scales (popularly known as VII Pay Scale) came to be introduced by the State Government for teaching and non-teaching employees employed in Polytechnics. (iv) By way of an amendment, all the pay revisions are made part of the MEPS Rules, 1981, i.e. Notifications dated 6th September 2016, 16th October 2018 and 17th October 2023.

6. Mr Pakale, learned Senior Counsel, submits that the present Petitions seek enforcement of the Government Resolutions. He submits that Petitioners are entitled to get their monthly salaries in accordance with the pay scales prescribed by the afore-referred Government Resolutions. He submits that the Respondents - Management have refused to obey and implement the said Government Resolutions for reasons, which are unjustified. He, further, submits that on account of the said act of the Respondents - Management, Petitioners are denied of their monthly salaries on a regular basis. He points out various representations made by Petitioners to the respondents - Management as well as Respondents Statutory Authorities seeking for redressal of their grievances. He, further, submits that Petitioners left with no remedy are before this Court by way of the present Petitions seeking directions to the Respondents - Management to extend the benefits of the said revised pay scales and also to clear the unpaid salaries payable by them. Mr Pakale, in support of his contentions, relies on the following judgments: 22nd May 2025 WP NO.8357 OF 2021 & GROUP (i)K. Krishnamacharyulu V/s. Venkateshwara Hindu College of Engineering1, (ii) Bhartiya Kamgar Sena V/s. State of Maharashtra & Ors.2, (iii) Vidya Dhar Pande V/s. Viduat Grih Shiksha Samiti3, (iv) Manojkumar Amare & Ors. V/s. The State of Maharashtra & Ors.4, (v) Paul Manoj Pandian V/s. P. Veldurai5, (vi) Shree Hari Chemicals Export Ltd. V/s. Grocery Markets and Shops Boards for Greater Bombay & Anr.6, (vii) Mrs Vandana Jayant Damle V/s. State of Maharashtra & Ors.7, (viii)Pune Institute of Computer Technology V/s. Vandana Jayant Damle & Ors.8. (ix) Teachers Association for Non-Aided Polytechnic V/s. Hind Seva Mandal & Ors.9, O R D E R (a) The Petitioners are entitled to the benefit of the payment of their salaries with reference to the recommendations of the Pay Commission. (b) The Respondents are directed to grant all the benefits to the Petitioners as per their entitlement in terms of the recommendations of the Pay Commission and to act in terms of the Government Resolutions referred to in paras 5 (i) to 5(iv) referred to herein above, within a period of three months from the date of this order. (c) There shall be no order in terms of costs. 22nd May 2025 WP NO.8357 OF 2021 & GROUP (d) Pending Interim Applications, if any, also stand disposed of. (ASHWIN D. BHOBE, J.) (NITIN W. SAMBRE, J.) 22nd May 2025