Mr. Deepak Chandu Pardeshi And ORS v. The State Of Maharashtra, Through Secretary, Higher And Technical Education Dept And ORS

(4) WP 898-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 898 OF 2014 Mr. Deepak Chandu Pardeshi & Ors.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Avinash Belge i/b Mr. Nitin A. Kulkarni for the Petitioners. Mr. K. S. Thorat, AGP for Respondent Nos.1 to 3. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 12 th JULY, 2019.

P. C. :

1.

The Petitioners are non-teaching employees of the 4th Respondent which is a recognized deemed University by the State of Maharashtra. The grievance is whereas others got benefits of the pay scale prescribed by the 6th Pay Commission w.e.f. 01.01.2006, the Petitioners have been denied benefits thereof, in as much they have been given benefit in the year 2010.

2.

The rational given by the State of Maharashtra is that if retrospective financial liability is imposed upon Respondent No.4 it would have been severe effect on the existence of Respondent No.4. 3.

We have repeatedly asked learned Counsel for the Petitioners as to which umbrella legislation empowers the Government to issue 1/2

(4) WP 898-14 directives to deemed Universities, for the reason none has been pleaded in the Writ Petition.

4.

The only contention which the Petitioners' Counsel repeats is that Article 14 is violated.

5.

Unless the umbrella legislation empowering the Government to issue directives is pleaded and shown to us, it would be difficult to decide whether the Government was justified in issuing the directive making it prospectively applicable.

6.

The Writ Petition is accordingly dismissed.

[N. M. JAMDAR, J.] [CHIEF JUSTICE] 2/2