Bombay High Court
Sanjay Sahebrao Patil vs Kisan Vidya Prasarak Sanstha ... on 9 December, 2016
Bench: S.V. Gangapurwala
1
W.P.No.865/10
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.865 OF 2010
Sanjay S/o Sahebrao Patil Vs. Kisan Vidya Prasarak Sanstha
and others.
Office Notes, Office
Memoranda of Coram,
Court's or Judge's orders
appearances, Court's
orders or directions
and
orders.
Registrar's
Mr.L.V.Sangit, advocate for the petitioner.
Mrs.M.A.Deshpande, Addl. Government Pleader for the
State.
Mr.Subodh P.Shah, advocate for Respondent Nos.1 to 3.
Mr.P.L.Shahane, advocate for Respondent No.4.
CORAM : S.V.GANGAPURWALA AND
K.L.WADANE,JJ.
Date : 09.12.2016.
PER COURT :
1. Heard.
2. It is submitted by the learned counsel for the petitioner that
the petitioner was appointed as a Rector by Respondent Nos.1 to 3
vide appointment order dated 13.7.1997. The petitioner was being
paid paltry sum as a salary. The petitioner was never paid salary as
per the pay-scale. The petitioner demanded payment as per 5 th Pay
Commission. After filing the present petition, the petitioner was
terminated. The petitioner be paid salary as paid to non-teaching
staff. No pay-scale is prescribed for the post of Rector. The pay-
W.P.No.865/10
scale is prescribed for the members of the teaching and non-
teaching staff of the School. The appointment of the petitioner was
not on the School but as a Rector on the Hostel. The establishment
is different though run by the same society. The petitioner was paid
commensurate to his work.
3. We had asked the learned counsel for respective parties as
to whether under the statute or the Rules or any Resolution of the
Government, pay-scale is prescribed for the post of Rector in
Hostel which is attached to a private School. The learned counsel
for both the parties accept that no such pay-scale is prescribed for
the post of Rector either under the statute, Rules or any
Government Resolution.
4. In absence of any pay-scale being prescribed, it would not
be possible for this Court to direct payment of salary to the
petitioner as per particular pay-scale. Mr.Sangit, learned counsel
for the petitioner had relied upon the Circular dated 25.7.1999. The
said Circular also does not lay down the pay-scale, however, it
empowers the Controlling Officer/D.D.O. to fix the pay in revised
pay-scale as per 5th Pay Commission of non-teaching employees in
respective cadres. In absence of any pay-scale being prescribed,
this Court would not be in a position to pass orders issuing specific
directions in this regard.
5. The petitioner may apply to the concerned Officer. If such
W.P.No.865/10
representation/application is made by the petitioner, the competent
Officer shall take decision upon the same on its own merits in
accordance with law, Rules after hearing the petitioner and the
Respondents expeditiously, preferably within six (6) months from
the date of receipt of application.
6. Rule accordingly disposed of. No costs.
(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.)
Dt.09.12.2016.
asp/office/wp865.10
W.P.No.865/10
