Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra University Act 1994: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Armed forces s. 8(3) - Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Non Teaching Employees Revised Pay) Rules, 2009 - rr. 17, 2 - Rules made in respect of Sixth Pay Commission by State of Maharashtra in the year 2009 - Right of employees to receive pay and allowance in terms of Sixth Pay Commission - Appellant's case that Rules of 2009 revising the pay scales of non-teaching staff of only affiliated aided colleges and appellant being an unaided college, cannot be compelled to pay salary and allowances to its employees in terms of the recommendations of the Sixth Pay Commission - Sustainability of - Held: No justification in excluding the non-teaching employees of the unaided educational institutions while extending the benefit of the revised pay scales to the non-teaching employees of the aided educational institutions - Such classification is clearly violative of Art. 14 - Objects sought to be achieved by the periodic revision of the pay-scales was to comply with the constitutional mandate emanating from Art. 43 of the Constitution, thus, the rationale behind the classification made by the State of the Maharashtra between aided and unaided colleges cannot be understood - GR dated 12.8.2009 can be safely construed to be one made in exercise of the power u/s. 8(3) conferring a legal right on the teaching staff of the affiliated colleges irrespective of the fact whether they are aided or not - Colleges run by the appellants are admittedly colleges affiliated to the Universities functioning under the Act - Thus, their teaching staff would be entitled to revised pay scales in terms of the GR - Constitution of India - Art. 14. to exercise statutory authority to make subordinate legislation consistent with Art. 14 - Held: If a law, whether primary or subordinate legislation, is found to be untenable on the touchstone of Art. 14 by the constitutional court, it can declare such law to be unconstitutional and strike the same - However, striking down a I law, which confers some benefit on a class of people ignoring others who are otherwise similarly situated, is not to be done as a matter of course. Scheme of education system and employment under - Explained. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 27 |
Petitioner | Secretary Mahatama Gandhi Mission & Anr. |
Respondent | Bhartiya Kamgar Sena & Others |
SCR | [2017] 2 S.C.R. 241 |
Judgement Date | 2017-01-05 |
Case Number | 115-116 |
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