VIDARBHA AYURVED MAHAVIDYALAYA Vs. TULESHWAR MANGALMURTI DHASKAT

JUDGEMENT

(1.) The grievance and demand in all these writ petitions is in respect of superannuation pension. Writ Petition No. 5771 of 2011 seeks that benefit for the Teachers in NonGovernment aided Ayurvedic Colleges affiliated to Non Agricultural Universities/ Maharashtra University of Health Sciences, Nasik. Writ Petition No. 682 of 2012 seeks similar benefit for the Teachers in Non Government Aided Social Work Colleges being Education Colleges affiliated to NonAgricultural University viz., Rashtra Sant Tukdoji Maharaj Nagpur University. Writ Petition No. 3277 of 2012 is for similar benefit by the Teaching and Nonteaching staff of Social Work Colleges, who are joined as respondents therein. Writ Petition No. 185 of 2012 was also heard for some time with these matters but then because of need felt by the petitioners therein to produce more documents and to amend it, the same has been separated from this group.

(2.) Writ Petition No. 5771 of 2011 has been filed in the background of earlier judgment of this Court in Writ Petition No. 3508 of 1992 and Writ Petition No. 2645 of 1990 delivered at Mumbai on 14.06.1996 and the judgment of the Hon'ble Apex Court in Civil Appeal No. 28782879 of 1997 dated 07.04.1997 thereafter. The petitioners there had claimed a direction to the respondents to extend the benefit of Pension and Gratuity Scheme as per Government Resolution dated 21.07.1983 to Teaching and Nonteaching employees as also the Hospitals of the petitioners 1 to 4 Colleges. By order dated 23.01.2012, this Court has permitted one Assistant Professor and one Clerk in employment of said Colleges to intervene in the matter. The petitioners state that Division Bench of this Court in its judgment dated 14.06.1996 found the nonextension of benefit of Pension and Gratuity Scheme to the Teaching and Nonteaching employees NonGovernment aided Ayurvedic and Unani Colleges affiliated to the University of Pune, University of Nagpur as also to Hospital staff attached thereto violative of Articles 14 and 16 of the Constitution of India. Hence, a direction was issued to extend that benefit to said employees with effect from 26.05.1981. This judgment of Division Bench was assailed by the State of Maharashtra in Civil Appeal and the Hon'ble Apex Court delivered its judgment in said matter on 07.04.1997. The Hon'ble Apex Court did not disturb the finding of High Court on violation of Articles 14 and 16 of the Constitution of India and only declared that a direction to extend the benefit of Pension and Gratuity Scheme from a particular date could not have been given. It, therefore, permitted State Government to consider extension of benefit of said Scheme in phased manner.

(3.) It is in this background that Shri Deshpande, Senior Advocate with Shri Dhande, Advocate submits that the declaration of entitlement of those benefits already granted needs to be obeyed and Government Resolution dated 27.06.2001 by which the State Government has not extended said benefit to the employees of Ayurvedic Private and three Unani Private Colleges and Hospitals thereof needs to be set aside. The benefit as per Government Resolution dated 21.07.1983 needs to be extended and restored. It is pointed out that after High Court direction, a Contempt Petition No. 346 of 1996 was filed before the Principal Seat of this Court and after judgment of the Hon'ble Apex Court dated 07.04.1997, the said Contempt Petition has been disposed of on 03.04.2006 by placing reliance upon para 1 of the affidavitinreply where respondents stated that they would follow the order of Court in letter and spirit. The learned Senior Advocate has invited our attention to Government decision dated 27.06.2001 to show that a demand for Pension and Gratuity was made thereafter and the Government rejected it. After this refusal, Contempt Petition No. 233 of 2002 came to be filed before this Court and on 15.06.2008, this Court, after some observations in favour of the employees, noted that Government Resolution dated 27.06.2001 was against the mandate of the Court and then gave Government time to reconsider the issue. Said Contempt Petition was looked into again by this Court on 04.05.2009 and this Court then found that the Hon'ble Apex Court in its judgment dated 07.04.1997 directed Government to consider the issue and the direction did not unmistakably restrict the freedom of Government to take appropriate decision; as such, there was no contempt. This Court then found that in the facts and circumstances, the impugned decision needed to be challenged by filing an independent writ petition. It is after this judgment that the present petition came to be filed.