BHARTIYA KAMGAR SENA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, matters are heard finally.

(2.) All the petitions are filed under Article 226 of Constitution of India. In the first three petitions, the petitioners have claimed relief of direction against the State Government, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, Swami Ramanand Tirth Marathwada University, Nanded and All India Council for Technical Education ("A.I.C.T.E." for short) that they should compel the Management of Mahatma Gandhi Mission, an institution, which is running engineering colleges at Aurangabad and Nanded, to implement the recommendations made by Pay Commissions regarding pay scales. The last petition is filed against the State Government, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad and University Grant Commission for relief of direction that they should compel the Management of Mahatma Gandi Mission, and its Deemed University, which is running a Medical College at Aurangabad, to implement the recommendations of Pay Commission regarding the pay scales. As the two engineering colleges and the medical college are being run by the same institution and as the same points are involved in all the petitions, they are being decided together. The colleges and the deemed university are not receiving grants-in-aid from the Government.

(3.) Writ Petition No. 11091/2010 is filed by teaching and non teaching staff of engineering college run by the respondent No. 6 Institution in Aurangabad. Petitioners No. 2 to 59 are members of teaching staff and the remaining petitioners are members of non teaching staff. Petitioner No. 1 is said to be a Union formed by them. In this petition, relief is claimed that the Management should be compelled to implement the 6th Pay Commission Report, both in respect of teaching and non teaching staff. The teaching staff has claimed one more relief of direction that the Management should pay the arrears in respect of the implementation of 5th Pay Commission Report also (for the period from 1.1.1996 to April 2001). During the arguments, the advocate for the teaching staff submitted that the relief in respect of arrears of 5th Pay Commission Report is not pressed. This college is affiliated to Dr. Babasaheb Ambedkar Marathwada University, Aurangabad (respondent No. 5).