SARASWATI SHIKSHAN SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three writ petitions by Education Institutions duly recognised by State Government receiving grant-in-aid challenge discontinuation of payment of non-salary grants and pray for arrears thereof from 2004-2005 onwards.

(2.) It is not in dispute that during pendency of these writ petitions, on 19.1.2013 the State Government has issued a policy decision which has the effect of partially restoring non-salary grants. According to petitioners the said resolution dated 19.1.2013 is an eyewash because it wipes out entitlement to arrears and also pegs down entitlement to arbitrary figure on the basis of salary grant paid on 1.04.2008 that too as per 5th Wage Revision.

(3.) Learned counsel Shri.Kulkarni and learned counsel Shri. Naik appearing for respective petitioners have submitted that some what similar issue was looked into in Public Interest Litigation No. 26 of 2011 decided on 3.4.2013 at Bombay. There question was only in relation to the compulsory admissions under the Right of Children to Free and Compulsory Education Act 2009. (hereinafter referred to as ''the act of 2009''). However, they state that logic therein must also apply to grievance of petitioners. They have relied upon Rule 88.1. of Secondary Schools Code to urge that entitlement of petitioners to non-salary grant springs from said provision.