PADMAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Government of Maharashtra by following the recommendations of the Indian Council of agriculture and Research (for short "icar") and the university Grants Commission (for short "ugc") issued the impugned G. R. dated 17th March, 1989 for revision of the pay scales of the academic staff in the Agricultural Universities all over the state. The ICAR had by its letter dated 1st february, 1998 communicated to the Government of maharashtra that if it adopts the UGC pay scales for the academic staff in the agricultural universities in the State, the Central Government would provide assistance to the State Government to the extent of 80% of the additional expenditure involved in giving effect to revision of the pay scales with effect from 1st January, 1986 till 31st march, 1990 and remaining 20% of the expenditure would be borne by the State Government from its own resources without passing any liabilties to the universities. The State Government, therefore, decided to extend the benefit of the revised UGC pay scales as adopted by ICAR to the academic staff working in the Agricultural Universities with effect from 1st January, 1986. By the said G. R. dated 17th March, 1989 and while revising the pay scales the date of superannuation for the members of academic staff was continued to be 58 years as was the case earlier. When the petitioners were on the verge of retirement on attaining the age of superannuation i. e. 58 years, notices of retirement came to be issued sometimes in september, 1991 or thereafter informing the petitioners concerned that they would retire on reaching the age of 58 years. While granting Rule, by way of interim orders, all the petitioners were directed to be continued till the age of 60 years. It is thus obvious that as at present almost every petitioner has retired on reaching the age of 60 years about 13 years ago.

(2.) We, therefore, deemed it appropriate to call upon the State Government to place before us the latest policy decision of the State Government in regard to the age of superannuation of the academic staff in the agricultural universities all over the State. Accordingly, Mr. Patil, learned a. G. P. has placed before us the concerned record and we have noted from the same that the State government was moved, by following the revised pay scales and enhanced the age of retirement adopted by the UGC to 60 years from the present age of superannuation at 58 years, to consider the proposal to enhance it to 60 years. The State government as a matter of policy decision has turned down this proposal to enhance the age of superannuation and the decision of the State government was communicated to all the agricultural universities on 20th March, 2005.

(3.) It has also been pointed out that Writ petition No. 4067/04, 4446/04 and 5524/04 came up before the Nagpur bench of this Court by similarly placed academic staff members in the agricultural universities - the Punjabrao Krishi Vidyapeeth, akola, and while granting Rule, the Division Bench declined to pass or to continue any order of status quo. Another batch of writ petitions, namely, Writ petition Nos. 5997/04, 6007/04, 6034/04 and 6424/04 also came up before the Principal Bench and the order of status quo granted earlier came to be vacated on 15.10. 2004. Writ Petition No. 471 of 2005 where the same reliefs were advanced on the basis of provisions of Section 28 Chapter IV of the maharashtra Agricultural Universities Act, 1983 that the service conditions of all the employees of the agricultural universities are governed and determined by the Maharashtra Agricultural universities Statutes, 1990 was filed before this bench. It was noted that the provisions of the maharashtra Civil Services Rules (All Parts) are applicable to the employees of the agricultural universities and this Court was pleased to dismiss the said writ petition on 13th June, 2005.