SHIVAJI UNIVERSITY TEACHERS ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, the petition is heard finally at the stage of admission itself.

(2.) Petitioner Nos.2 to 19 are the retired teachers from the various colleges affiliated to the Shivaji and Solapur Universities. Petitioner No.1 is an association of the teachers working in the colleges affiliated to the said universities. Petitioner Nos.2 to 19 retired between 1.1.2006 and before 1.9.2009 from various colleges in the State of Maharashtra. The University Grant Commission changed the qualifying service for retirement benefits from not less than 33 years to 20 years and the amount of pension was required to be calculated at 50% for the pensionable pay. Thus, the qualifying service from 33 years came to be reduced to 20 years in case of University Teachers entitling them for the benefit of full pension from 1.1.2006. That the said revision of qualifying service was pursuant to the 6th Pay Commission. The Respondent- State of Maharashtra thereafter issued a Government Resolution dated 30.10.2009 thereby making the qualifying service of 20 years for the pensionary benefit only to those employees who had retired after 27.2.2009. As a result, those teachers who have retired after 1.1.2006 and before 1.3.2009 were excluded from receiving full pension on completion of 20 years of the qualifying service. Petitioner Nos.2 to 19 fall in the said category and were not given the enhanced pension.

(3.) A Writ Petition No.5284 of 2011 was filed by the Association of College and University Superannuated Teachers in the High Court of Bombay, Bench at Aurangabad challenging the Government Resolution dated 21.8.2009 wherein similar issue was involved for fixing a cut off date of 1.9.2009. The Division Bench of this Court by its judgment dated 26.9.2011 was pleased to dismiss the said petition thereby upholding the said Government Resolution dated 21.8.2009. The Petitioners therein thereafter preferred the S.L.P. bearing No.3700 of 2012 wherein a leave came to be granted and the Civil Appeal No.908 of 2013 came to be allowed by the Supreme Court. The Supreme Court while allowing the said Civil Appeal was pleased to set aside the impugned judgment and order dated 26.9.2011 passed by the High Court of Bombay, Bench at Aurangabad. The Supreme Court held that the cut off date i.e. 1.9.2009 specified in the Government Resolution dated 21.8.2009 is unconstitutional and was further pleased to hold that the employees governed by the Resolution dated 5.5.2009 are entitled to the benefit of enhanced gratuity i.e. Rs.7 lacs.