AMRUTRAJ PRATAPJI VYAS Vs. HIND SEVA MANDAL, BHUSAWAL

JUDGEMENT

(1.) By this writ petition filed under Art. 226 of the Constitution of India, the petitioners have prayed for writ of mandamus and for an order and direction against Hind Seva Mandal and Shri.Sant Gadge Baba Polytechnic, respondent Nos. 1 and 2 herein, to disburse the pay and allowances and extend all other service benefits as per the the instructions issued in Government Circular/Letter dated 29th Sept., 1995 issued by Directorate of Technical Education, Maharashtra State, Mumbai to petitioners and also to pay the arrears of salaries in pursuance of the said circular along with the interest @ 15% per annum w.e.f. 1st Sept., 1995 till 19th May, 1999. The petitioners also seek writ of certiorari following the order and direction against the respondent Nos. 3 and 4 to take appropriate steps towards the disbursement of the arrears of salary and allowances to the petitioners for the period from 1st Sept., 1995 till 19th May, 1999 with interest @ 15% per annum accrued on the amount payable to the petitioners.

(2.) Some of the relevant facts for the purpose of deciding this writ petition are as follows :

(3.) On 29th Sept., 1995, the Directorate of Technical Education, Maharashtra State issued instructions by Circular/Communication to the Managements and the office bearers of nonaided private institutions including the technical institutions to pay to the teaching and non-teaching employees employed by such institutions, the salary, allowances, bonus, travelling allowances, medical facilities, insurance, death or retirement gratuity as per the directions issued by the Government from time to time. It is the case of the petitioners that, in view of the said circulars issued by respondent No.4, respondent No.1 was liable to pay and disburse salary on the basis of 4th and 5th Pay Commissions at that time. In consonance with the Government Policy, the petitioners made various representations to the respondent No. 1 and the authority through Teachers Association for nonaided polytechnic but of no avail.