Bombay High Court
Association Of College And ... vs The State Of Maharashtra And ... on 7 June, 2016
Bench: S.S. Shinde
8294.2015WP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8294 OF 2015
Association of College and University
Superannuated Teachers, (Maharashtra)
A Society registered at No.MAH-853/2009
Under the provisions of the Societies
Registration Act, having its Head
office at 20, Sawarkarnagar,
N-5 (South) Cidco, Aurangabad,
through its President and Convenor,
Principal Dr.Macchindra A.Wahul PETITIONER
VERSUS
1] The State of Maharashtra,
Through its Secretary,
Higher and Technical Education
Department, Mantralaya, Mumbai-32
2] The Director, Higher Education,
Maharashtra State, Pune
3] University Grants Commission,
Bahadurshah Jafar Marg,
New Delhi - 100 001
4] The Joint Director, Higher Education,
Aurangabad Region, Aurangabad
5] The Joint Director, Higher Education,
Nanded Region, Nanded
6] The Joint Director, Higher Education,
Jalgaon Region, Jalgaon
7] The Joint Director, Higher Education,
Nagpur Region, Nagpur
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8294.2015WP.odt
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8] The Joint Director, Higher Education,
Kolhapur Region, Kolhapur
9] The Joint Director, Higher Education,
Pune Region, Pune
10] The Joint Director, Higher Education,
Solapur Region, Solapur
11] The Joint Director, Higher Education,
Amravati Region, Amravati
12] The Accountant General, Nagpur
13] The Accountant General,Mumbai
[Respondents No.1,2 and 4 to 13
to be served on the Government
Pleader, High Court, bench at
Aurangabad and the Respondent No.3
to be served on the Standing Counsel
for the Union of India] RESPONDENTS
...
Mr.Adwant S.V., Advocate for the petitioner
Mr.S.B.Yawalkar, AGP for Respondents/State
Mr.Alok Sharma, Advocate for Respondent No.3
Mr.S.B.Deshpande, Advocate for Respondent
Nos.12 and 3.
...
CORAM: S.S.SHINDE &
SANGITRAO S.PATIL,JJ.
Date: 07.06.2016
JUDGMENT: [Per S.S.Shinde, J.]:
1] Heard.
8294.2015WP.odt
2] Rule. Rule made returnable
forthwith, and heard finally with the consent
of the parties.
3] The learned counsel for the
petitioner has restricted this petition to
the prayer clauses (C), (D) and (I).
4]
Though, the learned counsel for the
petitioner prays relief in terms of prayer
clauses (C), (D) and (I), the learned AGP
vehemently opposed the relief in terms of
prayer clauses (D) and (I).
5] So far prayer clauses (D) and (I) is
concerned, liberty to the petitioner to file
the comprehensive representation to the
respondents.
In this Petition, we are inclined to
entertain the prayer clause-C keeping in view
the fact that, members of the petitioner's
Association have retired from service on
8294.2015WP.odt
attaining age of superannuation. It appears
that, the State Government has issued
instructions to their officials that for pay
fixation of teachers, as per 6th Pay
Commission, the amount paid to them under the
stagnation increment scheme be recovered and
till then the benefits of the 6th Pay
Commission be not extended to such teachers.
It is the case of the petitioner that, the
petitioners are also covered under the said
instructions and the State has, thus,
forcibly recovered the amount of stagnation
increment, paid to the teachers, who are the
members of the petitioner Association and
procured undertakings from them under
coercion and duress. The aforesaid issue is
no longer res integra and in similar
fact-situation, the Division Bench of this
Court in Writ Petition No.1054/2012
[Dr.Vinayak Narayanrao Dasare & others Vs.
The State of Maharashtra & others] along with
8294.2015WP.odt
connected Writ Petitions thereto, decided on
October 1, 2013, allowed the Petitions by
setting aside the impugned communications
therein, directing the respondents not to
recover the amount from the petitioners, as
sought to be recovered under the said
communications from individual petitioners
and/or members of the petitioner-association.
It was also further observed that in case
amount has already been recovered, the
respondents shall return and repay the same
to the petitioners and the members of the
association from whose pensionary benefits
the same is deducted, within a period of
three months along with interest at the rate
of Rs.12/- per cent per annum.
6] Therefore, for the same reasons,
which are assigned in paragraphs 3 to 9 of
the judgment in Writ Petition No.1054/2012
along with connected Writ Petitions, the
impugned communications dated 10th March, 2008
8294.2015WP.odt
and 18th March, 2010 are quashed and set
aside. The respondents are directed not to
recover the amount from the petitioner and/or
members of the petitioner - Association. In
case, any amount has already been recovered,
we direct that such amount shall be returned
and repaid to the petitioner and its members
from whose pensionary benefits the same is
deducted, within a period of three months
from today along with interest at the rate of
Rs.12/- per cent per annum.
7] The Petition is partly allowed. Rule
is made absolute in above terms and Petition
stands disposed of accordingly with no order
as to costs.
Sd/- Sd/-
[SANGITRAO S.PATIL] [S.S.SHINDE]
JUDGE JUDGE
DDC
