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Criminal · Reportable judgment

Keraleeya Samajam & Anr. vs Pratibha Dattatray Kulkarni (Dead) through Lrs & Ors.

Court
Supreme Court of India
Date
1 October 2021
Case No.
Special Leave Petition (C) No. 21660-21661 of 2019
Result
Dismissed
Bench
M.R. Shah, A.S. Bopanna
Citation
[2021] 8 S.C.R. 737 : 2021 INSC 594
Supreme Court Reports [2021] 8 S.C.R. 737 : 2021 INSC 594
Headnote

Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981 – Second petitioner-School directed by High Court to pay arrears of salary as per 5 th and 6 th Pay Commission to its teaching and non-teaching staff – Petitioners though ready to pay the arrears, sought to restrict the same to three years preceding the filing of the writ petitions alleging limitation in view of respondents having approached the Deputy Director (Education) – Held: Only when the petitioners though required to pay wages as per the applicable rules and recommendation of 6th Pay Commission, failed to make the payment, the respondents were compelled to approach the Deputy Director (Education) thereafter – For the lapse and inaction on the part of the petitioners, the respondents cannot be denied the arrears of salaries as per the 6th Pay Commission recommendation, which otherwise they are entitled to – Service Law.

Dismissing the petitions, the Court

Read the full headnote (1 more paragraph)

HELD: 1. Considering orders passed in earlier round of litigations which ended up to this court the liability of the management to pay the salaries to the teaching and non--teaching staff as per the 4th Pay Commission and 5th Pay Commission ended in favour of the teaching and non-teaching staff working with the petitioners. Therefore as and when the 6 th Pay Commission recommendations were made applicable as such it was the duty cast upon the petitioners’ institution to pay the salary/wages to the teaching and non-teaching staff as per the applicable pay scale under the 6th Pay Commission recommendation and for which the staff was not required to move before the Deputy Director (Education) again and again. Therefore, the submissions on behalf of the petitioners that as the respondents approached the Deputy Director (Education) subsequently and therefore the question with respect to the limitation will come into play and therefore the respondents shall be entitled to the arrears of last three years preceding the filing of the writ petitions cannot accepted. The respondents were compelled to approach the Deputy Director only when the petitioners though were required to pay the wages as per the applicable rules and as per the recommendation of 6th Pay Commission, failed to make the payment, the respondents were compelled to approach the Deputy Director (Education) thereafter. For the lapse and inaction on the part of the petitioners, the respondents cannot be made to suffer and deny the arrears of the salaries as per the 6th Pay Commission recommendation, which otherwise they are entitled to. Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations. [Paras 4, 5] [741-F-H; 742-A-D]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.06.2019 in Writ Petition No.5311 of 2011 and Writ Petition No.5338 of 2000 passed by the High Court of Judicature at Bombay, the management has preferred the present special leave (DEAD) THROUGH LRS [M. R. SHAH, J.] petitions. By the impugned common judgment and order the High Court has declared that the entitlement of the original petitioners is to receive wages in pay scales as per Schedule – C to the Maharashtra Employees of Private Schools (Condit
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