SATISH KUNDANLAL AGARWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of petitions raises common challenge to the Government Resolution dated 5 th March 2011 issued by the State of Maharashtra through the Department of Higher and Technical Education and to the extent of Clauses 11(1), 11(3) and 11(4) of the said G.R. There is no dispute that the impugned GR has replaced the earlier GR dated 25/2/2011 and, therefore, the challenge to the same clauses of the GR dated 25/2/2011 is required to be considered with reference to the GR dated 5/3/2011 as the petitions were filed prior to the GR dated 5/3/2011. Hence these petitions are being decided by this common order.

(2.) The petitioners are either working as Lecturers / Professors at the graduation or post graduation level in different colleges affiliated to nonagricultural Universities and with the said universities as well as in the Government colleges (Engineering and Non-agricultural) in the State of Maharashtra. On 31/12/2008 the Government of India through the Ministry of Human Resources Development addressed a letter to the Secretary - University Grants Commission (UGC) regarding the scheme of revision pf pay of teachers and equivalent categories in the Universities and Colleges, following the revision of pay scales of Central Government employees on the recommendations of the Sixth Central Pay Commission (SCPC). The said communication sets out elaborately the educational qualifications, revised pay scales, career advancement scheme, annual increments, pay fixations and age of superannuation etc. The pay scales of the Professors in Graduate as well as Post Graduate Colleges have been revised as under:

(3.) On the applicability of the said scheme, clauses p(i) and p(v) of the said communications read as under: