1

Note for discussion –

i) JDRO letter dated 11/11/2022 with minutes dated

05/11/2022 – Please clarify source of this letter to
Petitioner – whether received in official capacity or else
like RTI. – Since Petitioner was well present in meeting
dated 05/11/2022 – then we are free to make averment in
our WP without annexing letter and during arguments
insist on JDRO and Vikramshila Polytechnic to produce
minutes before court. >> JDRO and Vikramshila
Polytechnic may argue before Court that WP is
infructuous since authority is concern is seized with
matter and given instructions to Collage authorities to
apply 7th pay commission. In such scenario, we may take
stand (i) in spite of instruction, no action is taken by
collage authorities and immediately released salary
arbitrarily withheld since April, 2021, (ii) instructions are
open ended and no specific time period is provided, thus,
court may fix time period say 03 moths to give effect of
instructions. (iii) furthermore, for claiming arrears since
01.08.2010, we need court order. We have made averment
in WP subject any views from our counsel arguing before
HC.

ii) Averment in para 1, regarding appointment of Petitioner

etc. is made as per entries in service book, which we have
annexed with WP. Necessary corrections regarding,
 2

Petitioner’s appointment etc. is made as per suggestions.

Pl. provide copies of both orders referred in WhatsApp
msg. to make appropriate annexures and understand
reference of CAS in letters to remove averment about
CAS. After perusing letters, we will have counsel about
any harm in retaining CAS averment -in flow.

iii) Correction of duplicate word ‘pleased’ is made.

iv) No other alternative efficacious remedy – school authority

– This issue is already dealt in detailed by Bombay HC,
Nagpur bench in Bapurao Deshmukh Collage of
Engineering and no effective action with regulatory
authorities inspite of repeated correspondence save and
except recent meeting dated 05.11.2022.

v) Averment regarding Circular dated 29/05/2022 issued by

DTC - Bombay High Court this is held that this Circular
is issued in exercising the powers under Section 4 (3) of
MEPS Act. Court clearly observed that the Polytechnics
were not in the ambit of the MEPS Act till 1990 and the
State Government did not think it appropriate to amend
Schedule – C thereafter for the simple reasons that on the
enactment of the AICTE Act 1987. It is the AICTE Act,
which is responsible to prescribe the pay scales and other
service conditions of the teaching as well as the non-t
eaching staff in technical institutions like the Polytechnics
 3

and degree colleges. Thus, strictly it is not applicable to

our case now. We have sufficient documentary materials
including HC and SC orders to show applicability of 7 th
pay commission in our case.

We want to keep our WP simple without any

complications and room to respondents to oppose much or
linger on any particular issue while obtaining orders.
Reference regarding upward fees revision – we are not
considering at this stage as HC already held that it’s a
responsibility of collage authority to pay as per norms and
cannot take plea regarding non availabilities of funds or
revenue etc.

vi) The provisions of the Maharashtra Educational

Institutions (Management) Act, 1976 is not applicable in
our case since our collage is recognized as minority
institution.

vii) Order dated 14.06.2022 passed by Justice S. B. Shukre

and Justice G. A. Sanap in Writ Petition No. 2871 of 2003
– Point No. 41 and 42 – Issues framed there under of the
employee governed by MEPS Act and MEPS Rules,
which are not applicable in our case.
 4

After enactment of AICTE Act 1987, AICTE is

responsible to prescribe the pay scales and other service
conditions of the teaching as well as the non-teaching
staff in technical institutions like the Polytechnics and
degree colleges. Furthermore, MSBTE Act, 1997 came to
be enacted as an Act to provide for establishment of a
State Board to regulate matters pertaining to Diploma
Level Technical Education in the State of Maharashtra.
AICTE Act 1987 is a central Act, which in turn frames a
regulation, which is adopted State under provisions of
MSBTE Act and made applicable to institutions – which
are now equally applicable to all aided and non-aided
technical colleges as per various rulings of the Court.

As explained above, Court clearly observed that the

Polytechnics were not in the ambit of the MEPS. Act till
1990 and the State Government did not think it
appropriate to amend Schedule – C thereafter for the
simple reasons that on the enactment of the AICTE Act
1987.

viii) Unaided – in most of circulars and notifications and even

in MSBTE approval letters word used as “Unaided”. If
you suggest we will use word – Self Financing Institution
– instead of commonly used word unaided.
 5

ix) Interest as per the HC judgement of 8% is being granted

however, if the applicable circular in our category
granting 12% interest can be claimed provided the
circular may be made available before lodging of the WP.

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

BOMBAY NAGPUR BENCH : NAGPUR

Writ Petition No. ______________________/2022

Act Code No. ____-

PETITIONER :- Dr. Dipak S/o. Vinaya Shirbhate, aged

about 47 years, Occ.:- Head of the
Department of Mechanical Engineering,
R/o.:- Rachana Residency, Wing No. 4,
Ganediwal Layout, Bhagyanagar Camp,
Amravati – 444602

VERSUS

RESPONDENTS:- 1. State of Maharashtra, Higher &

Technical Education Department, through
its Principal Secretary, Mantralaya,
Mumbai – 32

2. Directorate of Technical Education,

through its Joint Director, Regional
Office at: - Polytechnic Campus, New
 6

Cotton Market Road, Sahkar Nagar,

Amravati – 444603

3. All India Council of Technical

Education, through its Chairman, Western
Regional Office, Industrial Research
Building, Address:- 2nd Floor, National
Institute of Industrial Engineering
(NIITE) Campus, Vihar Lake, Mumbai –
400087

4. Maharashtra State Board of

Technical Education, through its Director,
Address :- Government Polytechnic
Building, 4th Floor, 49, Kherwadi, Ali
Yawar Jung Marg, Bandra, Mumbai –
400051

5. Sant Gadgebaba Amravati

University, through its Registrar,
Amravati, Camp Area, Near Tapovan
Gate, Amravati - 444602

65. Shri Dadasaheb Gawai Charitable

Trust, through its secretary, Address :- 44,
Kamal Pushpa, Congress Nagar Road,
Amravati – 444606
 7

76. Vikramshila Polytechnic, Darapur

Tq.- Daryapur, Dist.- Amravati through
its Principal, Address :- Darapur, Tq .
Daryapur, District :- Amravati – 444606.

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

The petitioner above named MOST RESPECTFULLY

SHOWETH as under :

By the present petition, the petitioner seeks a direction to the

respondents to pay revised regular monthly salary to the petitioner
as per the Government Resolution dated 11/9/2019 issued by the
respondent No. 1 implementing AICTE scheme (7th Pay
Commission) and as per the All India Council for Technical
Education Pay Scales, Service Conditions and Minimum
Qualifications for the Appointment of Teachers and other
Academic Staff such as Library and Physical Education Personnel
in Technical Institutions and Measures for the Maintenance of
Standards in Technical Education – (Diploma) Regulation, 2019
 8

and to release the arrears of difference in actual payment made to

the petitioner and pay and allowances payable to the petitioner
w.e.f. 1.1.2016 till payment of revised pay scale and to release the
arrears of difference in actual payment made to the petitioner and
pay and allowances payable to the petitioner w.e.f. 9.2.2012 till
31.12.2015 as per the Government Resolution dated 20/8/2010
issued by the respondent No. 1 and as per the All India Council for
Technical Education (Pay Scales, Service Conditions and
Qualifications for the Teachers and other academic staff in
Technical Institutions (Diploma) Regulations, 2010 along with
interest thereon @8% per annum till its realization, and to release
regular salary arbitrarily and indiscriminately withheld by the
Petitioner No. 5 and 6 since, April 2021 till November, 2022
without any reason whatsoever along with interest thereon @8%
per annum till its realization on the following facts and grounds,
inter alia :-

FACTS

The petitioner above-named most humbly and respectfully

begs to submit as under:-

1. The petitioner came to be appointed on 1/8/2010 in the

respondent No. 6 Institute (Polytechnic) on the post of
Principal. The appointment of the petitioner was of a
permanent/regular nature. The educational qualification of
the petitioner is that he is a Bachelor of Engineering
 9

(Production Engineering) and a Master of Engineering

(Production Technology) and has done Ph.D. in the subject
of Management Mechanical. A copy of the service book of
the petitioner is filed herewith as ANNEXURE-A. The
petitioner is working with the respondent No. 6 full honesty,
sincerity and integrity and his entire service record is clean
and unblemished. MSBTE approved the appointment of
Petitioner The petitioner came to be appointed as a Head of
the Department in Mechanical Engineering Department of
the respondent No. 6 with effect from 13/10/2012 and also
made an applicable pay scale as per 5th pay commission
along with benefits of Career Advancement Scheme (CAS).
The Petitioner worked as Principle-in- Charge till 31/12/2021
and therafter, he continues to function as a Head of the
Department in Mechanical Engineering Department of the
respondent No. 6 such till date. [Note – averment in this para
is made based on entries in service book. You may provide
us copies of two orders – so that same be incorporated and
annexed accordingly.]

2. Respondent No. 1 is a Department of Higher and Technical

Education of the Government of Maharashtra which is a
patron Department for institutes like the respondent No. 6.
Respondent No. 2 is the Directorate of Technical Education
of the Government of Maharashtra through its Joint Director.
Respondent No. 3 is the All India Council for Technical
 10

Education (hereinafter, referred to as “the AICTE”, for the

sake of brevity) constituted under the provisions of the All
India Council for Technical Education Act, 1987.
Respondent No. 4 is a Maharashtra State Board of Technical
Education (hereinafter, referred to as “the MSBTE”, for the
sake of brevity) constituted under the Maharashtra State
Board of Technical Education Act, 1997. Respondent No. 5
is a University. Respondent No. 5 is a public trust duly
registered under Bombay Public Trusts Act, 1950, /society
under whose aegis respondent No. 6 Institute functions.
Respondent No. 6 is approved by Respondent No. 3 and is
affiliated to Respondent No. 4. Since, the respondents herein
are agencies and instrumentalities of Central/State
Government they fall within the ambit of “State” as defined
U/A. 12 to the Constitution of India. Hence, the respondents
herein are amenable to the writ jurisdiction of this Hon’ble
Court.
3. Notably, the respondent no. 6 is a Polytechnic Institute which
is an unaided educational institute/self-financed institute run
and managed by the respondent no. 5, Trust through its
trustees and rendering educational services which are in the
nature of public duties. The respondent no. 6 has been started
on No grant in aid basis.
The respondent no. 6 institute is a “technical
institute” within the meaning of Section 2(h) of the AICTE
Act, 1987 which reads as under :-
 11

““technical institution” means an institution, not

being a University, which offers courses or programmes of
technical education, and shall include such other institutions
as the Central Government may, in consultation with the
Council, by notification in the Official Gazette, declare as
technical institutions;”
Technical Education has been defined U/s. 2(g) of the
AICTE Act, 1987 and it reads as under :-
““technical education” means programmes of
education, research and training in engineering technology,
architecture, town planning, management, pharmacy and
applied arts and crafts and such other programme or areas
as the Central Government may, in consultation with the
Council, by notification in the Official Gazette, declare;”
U/s. 10(k) of the AICTE Act, 1987 it is the duty of the
AICTE to take all such steps as it may think fit for ensuring
coordinated and integrated development of technical
education and maintenance of standards and for the purposes
of performing its functions under this Act, the AICTE may
grant approval for starting new technical institutions and for
introduction of new courses or programmes in consultation
with the agencies concerned. Accordingly, the respondent no.
6, Institute has been approved/recognized by the AICTE.
The Maharashtra State Board of Technical Education
Act, 1997 came to be enacted as an ‘Act’ to provide for
establishment of a State Board to regulate matters pertaining
 12

to Diploma Level Technical Education in the State of

Maharashtra. The respondent no. 6 institute is a Polytechnic
institution within the meaning of Section 2(h) of the MSBTE
Act, 1997 which reads as under :-
“Polytechnic or Institution” means an institution
imparting Diploma or Post-Diploma or Post-Graduate
Diploma or Advanced Diploma in Engineering or
Technology or Management Education recognized by the
Board under this Act”.
The respondent no. 6, Institute is affiliated to MSBTE,
Mumbai and has MSBTE registration code No. 1444 and
DTE Code No. 1247.

4. It is relevant to mention here that, vide Government

Resolution dated 21.5.1983 issued by the Education &
Employment Department of the Government of Maharashtra,
it was found that there has been continuous industrial
development in the State of Maharashtra during last 2
decades, the number of Technical & Technological Colleges
and Polytechnics and their intake capacity in the State have
not increased adequately, with the result that there is a keen
demand for Technical personnel from industries which
cannot be fulfilled with existing facilities and the question
whether the said demand could be met at least partially, by
permitting non-Government agencies to open Technical &
Technological Colleges & Polytechnics and also the
 13

principles on which such colleges and polytechnics was

under consideration of State Government for sometime.
Accordingly, vide Government Resolution dated 21.5.1983 it
was resolved that the Government is now pleased to pleased
to direct that from the year 1983-84 non-Government
Technical & Technological Colleges and Polytechnics should
be permitted on principles stated therein. A copy of the said
Government Resolution dated 21.5.1983 is filed herewith as
ANNEXURE – B. Thereafter, AICTE Act, 1987 came to be
enacted by the Parliament and thereafter the MSBTE Act,
1997 came to be enacted by the State Legislature.

5. In the meanwhile, the AICTE in the exercise of its powers

U/s. 23(1) r/w. 10(i) & (v) of the AICTE Act, 1987 made the
All India Council for Technical Education (Pay Scales,
Service Conditions and Qualifications for the Teachers and
other academic staff in Technical Institutions (Diploma)
Regulations, 2010 (hereinafter, referred to as “the AICTE
2010 Regulations”, for the sake of brevity). As per
Regulation No. 1.3(i) of the AICTE 2010 Regulations, it was
directed that there shall be designations in respect of teachers
in Polytechnics, namely, Lecturer, Head of the Department &
Workshop Superintendent. The AICTE 2010 Regulations
also contained provisions relating to pay scale of Principal in
Polytechnics.
 14

6. AICTE has revised the pay structure of teachers and

librarians in degree and diploma level technical education as
per the 6th pay commission recommendation. The scheme
announced by the AICTE vide aforesaid Regulations of 2010
is extended to related Universities, University Department
and University affiliated Professional Degree Level and
Maharashtra State Board of Technical Education affiliated
diploma level institutions falling under the purview of State
Legislature, provided State Government wishes to adopt and
implement the scheme. The State Government after
considering all the aspects/objects of the scheme announced
by the AICTE vide Government Resolution dated 20.8.2010
decided to revise pay scales and Dearness Allowance of all
teachers and equivalent cadres working in Government and
Non-Government aided institutions w.e.f. 1-1-2006 as per the
provision of the scheme with additional provisions
prescribed in para-8 of the said resolution for enhancing and
improving the quality of education. A copy of the said
Government Resolution dated 20.8.2010 is filed herewith as
ANNEXURE – C. Accordingly, the State Government
adopted the said AICTE scheme/Regulations of 2010 and
implemented the same for teachers in degree/diploma level
institutions in technical education vide Government
Resolution dated 20.8.2010. As per the provisions in AICTE
Regulations and subsequently carried in Government
 15

Resolution dated 20.8.2010, the detailed conditions of Career

Advancement Scheme (CAS) for teachers and equivalent
posts in degree/diploma level institutions were to be
announced later on by the AICTE and then State
Government was to adopt these conditions then onwards.
The detailed conditions of CAS for Degree/Diploma Level
Institutions under 6th pay commission came to be declared by
the AICTE vide the All India Council for Technical
Education {Career Advancement Scheme (CAS) for the
Teachers and other Academic Staff in Technical Institutions}
(Diploma) Regulations, 2012 (hereinafter, referred to as
“the CAS Regulations”, for the sake of brevity).

7. Thereafter, vide Government Resolution dated 17.10.2015

the State Government issued Career Advancement Scheme
(CAS) guidelines for Teachers & equivalent cadre, Librarian
and other Academic staff in Degree/ Diploma Level institutes
of all University Affiliated Government and Non-
Government Aided Colleges, University Departments,
Institute of Chemical Technology, Matunga, Dr. Babasaheb
Ambedkar Technological University Lonere, university
conducted colleges; J.J. School of Architecture, Aided
autonomous Colleges & MSBTE affiliated Government and
Non- Government Aided Polytechnics and Autonomous
polytechnic, H.M.C.T, Leather Technology conducting
Professional P.G./ Degree/Diploma Courses such as
 16

Engineering, Pharmacy, Architecture, Colleges, etc. A copy

of the said Government Resolution dated 17.10.2015 is filed
herewith as ANNEXURE – D.

8. Thereafter, the AICTE implemented 7th pay commission

recommendations vide All India Council for Technical
Education Pay Scales, Service Conditions and Minimum
Qualifications for the Appointment of Teachers and other
Academic Staff such as Library and Physical Education
Personnel in Technical Institutions and Measures for the
Maintenance of Standards in Technical Education –
(Diploma) Regulation, 2019 (hereinafter, referred to as “the
AICTE 2019 Regulations”, for the sake of brevity). As per
Regulation No. 2.1 thereof it is contemplated that, there shall
be only 3 designations in respect of teachers in the diploma
level institutes/polytechnics namely Lecturer, Head of the
Department and Principal as given in Table 1 thereof.
Regulation No. 2.8 of the said Regulations also contemplate
that, the entire liability on account of revision of pay scales
etc. of Polytechnic teachers shall be that of the State
Government.

9. The respondent no. 1 vide Government Resolution dated

11.9.2019 has decided to implement and revise Pay Scales,
Minimum Qualifications for the appointment, Terms and
 17

Conditions of Teachers and other academic staff. A copy of

the said Government Resolution dated 11.9.2019 is filed
herewith as ANNEXURE – E. The said Regulations state
that the revised pay scales shall come into effect from
1.1.2016. The State Government has thus adopted the AICTE
Scheme promulgated vide AICTE 2019 Regulations and has
implemented it for Government and Non-Government Aided
institutions. But, the respondents no. 5 & 6 have not been
granting similar pay scales to the teachers (Lecturer, Head of
the Department & Principal) despite the aforesaid relevant
resolution.

10. It is pertinent to note that, respondent No. 6 was granted

permission by the Respondent No. 2 to open a polytechnic
during the academic year 2010-11 vide its approval letter
dated 16/08/2020 on such terms and conditions more
particualy mentioned therein including appointment of full
time Faculty members / Teaches and other Technical
Staff/employees and to pay their salaries and dearness
allownces as per Goverment’s rules. The DTE letter clearly
states that wages and allowances should be given as per
Government Rules and Regulation. In case of any complaint
from the employee pertaining to wages and allowances, strict
action will be taken from respondent No. 2.
 18

11.Similarly, respondent No. 3 accorded its approval to the

Respondent No. 6, vide its letter dated 30/06/2010, for
establishment of Diploma Level Programme in DIPLOMA
ENGG. Diploma in the name of Respondent No. 6. Under
AICTE Regulations and/or AICTE Hand Book for Approval
Process subject to fulfilment of terms and conditions more
particularly mentioned in the said letter inter-alia including
appointment of principal and other Full Time Faculty
members including Technical and Non-Technical staff as per
AICTE norms with pay scale prescribed by AICTE. Copies
of the said Approval letters dated 16/08/2010 and 30/06/2010
are filed herewith as ANNEXURE – F Collectively.

12. The Petitioner submits that respondent No. 5 through its

Secretary circulated mail on 31/03/2021 inter-alia advising
Petitioner to give his consent letter for salary cut as 50% for
having salary more than 40,000/-, 40% salary cut for salary
more than 20,000/- and 30% salary cut for salary more than
10,000/-. The Petitioner was informed that salary of April
2021 will be credited to his bank account only after his
consent letter for the above salary cut. Aggrieved by this
decision, Petitioner decided to move to appropriate
competent authority. A copy of said email dated 31/03/2021
downloaded from the computer system of the Petitioner
along Certificate under the provisions of Section 65A of the
Indian Evidence Act, 1872 proving admissibility of the
 19

electronic record is filed herewith as ANNEXURE – G

Collectively. [ Note – Please provide us copy of email
dated 31.03.2021]

13. The Petitioner submits that, the petitioner has time and again
given representations to the respondents no. 5 and 6, more
particularly vide his letter dated 08/08/2021 and through his
advocates letter/notice dated 03/03/2022 calling upon them
to pay all pending salaries, perks, dearness allowance (DA)
as applicable along with applicable bank interest as per
details annexed therewith within 30 days from the date of
receipt thereof. However, the respondents No. 5 and 6
although the receipt of the said letter, neither acknowledges
the grievances of the Petitioner nor have paid any amount
towards arrears of salary as demanded. The copies of said
letters/notices were also marked to Respondent No. 1 to 4
and 6. Copies of the said letter dated 08/08/2021 and legal
notice dated 03/03/2022 are filed herewith as ANNEXURE
– H Collectively. Petitioner craves, leave to refer to the said
Annexures when produced for its true meaning and
interpretation.

14. The Petitioner thereafter, vide its letter dated 16/05/2022

addressed to (i) The Advisor -1 (Approval Bureau), AICTE,
New Delhi, (ii) Dy. Director, Public Grievance Redressal
Cell, AICTE, New Delhi, (iii) Dr. Ajeet Singh, Regional
 20

Officer, Mumbai complaint about non-deposit / withholding

of monthly salary of the Petitioner since, April, 2021 by the
Respondent No. 5 and 6 for the reason/s best known to them.
The Respondent No. 6 herein, deposited salary of all other
teaching staff for the month of April, 2021 on 03rd March,
2022, May, 2021 on 07th April, 2022, June, 2022 on 11th
April, 2022, July, 2021 on 20th April, 2022, August, 2021 on
22nd April, 2022, September and October 2021 on 10 th May,
2022 respectively, excluding monthly salary of the
Petitioner. The Petitioner submits that the Respondents No. 5
and 6 deliberately victimise the Petitioner and
indiscriminately withhold the salary of the Petitioner cause
personal vendetta for as Petitioner didn’t agree with email
dated 31/03/2021 of the Respondent No. 5. The Petitioner
also stated that the college level Grievance Redressal
Committee (GRC) have accepted the grievance of the
Petitioner but have not given any resolution. The Petitioner
thus, requested for release of his monthly salary or written
clarification for holding of his salary. Copies of said letters
dated 16/05/2022 are filed herewith as ANNEXURE – I
Collectively.

15. The Petitioner submits that in reply, Dy. Director, Public

Grievances Redressal Commission, All India Counsel for
Technical Education, New Delhi vide its letter dated
 21

07/04/2022 advised the Director of Respondent No. 6 to look

into the grievances of the Petitioner, since there is a
mandatory inbuilt system within AICTE approved institution
for redressal of the grievances of staff, student and faculty.
Similarly, Joint Director, Technical Education, Regional
office, Amravati vide his letter dated 22/03/2022 advise the
Respondent No. 6 to look into the advocate’s notice dated
03/03/2022 regarding pending arrears of the Petitioner and
submit detailed report on the same. However, the Respondent
No. 6 didn’t act upon the same. Copies of said letters dated
07/04/2022 and 22/03/2022 respectively are filed herewith as
ANNEXURE – J Collectively.

16. The Petitioner submits that since there is no action by the

Respondent No. 5 and 6, the Petitioner vide his subsequent
letters dated 17/04/2022, 24/04/2022, 13/07/2022 and
15/07/2022 again requested all the relevant parties to look
into the indiscriminate act of the Respondents No. 5 and 6
and issue appropriate directions to release his monthly
withhold salaries from April, 2021 onwards. The Petitioner
further stated that the said Respondent No. 5 and 6
indiscriminately, released the salary of all the other teaching
staff for the month of April, 2021 onwards excluding the
Petitioner without any reason. However, till date the
Respondents No. 5 and 6 failed and neglected to provide
satisfactory clarification or taken any corrective action/s to
 22

release the complete salary. The Petitioner crave leave to

refer to and rely upon the aforesaid letters when produced for
its true meaning and interpretation.

17. The Petitioner submits that in spite of receipts of legal

notice from the Advocate of petitioner and various
complaints made before above referred to competent
authorities, the Respondents No. 5 and 6 continue to act in an
unevenly manner with the Petitioner and abruptly reduced
the monthly salary without any notice whatsoever. The
Petitioner therefore, issued another legal Notice dated
21/07/2022 through his Advocate addressed to the
Respondent No. 5 and Respondent No. 6, calling upon them
to pay to the Petitioner all his pending withhold salaries,
arrears of salaries, perks, applicable arrears of pay
commission and applicable DA with applicable simple bank
interest rate etc. The Petitioner also stated in the said notice
dated 21/07/2022 that though the salaries of the Petitioner
were pending since, April, 2021, to the utter shocked and
surprised to the Petitioner, the Respondent No. 6 released the
salary of the Petitioner for the month of March, 2022 on
13/07/2022 and deposited in bank of account of the
Petitioner, almost 70% less salary amounting to Rs. 24,000/-
as compared to monthly salary of Rs.84,000/-. The Petitioner
further stated in the said notice that act of Respondent No. 6
 23

to release the part salary as aforesaid is nothing but attempted

to fulfil MSBTE compliance norms for affiliation without
any intention to pay the Petitioner’s pending dues in full and
final satisfaction.

18. The Petitioner submits that the Dy. Director, (PGRC),

All India Council of Technical Education, New Delhi vide
his letter dated 24/08/2022 informed the Respondent No. 6
that AICTE have not received any reply to the earlier letters
dated 07/04/2022 and 07/06/2022 regarding release of
pending salary of the Petitioner. The said Dy. Director
further advised the Respondent No. 6 to look into the
grievances of the Petitioner and send action taken report at
the earliest as there is mandatory inbuilt system within
AICTE approved institution for Redressal of the grievance of
staff, student and faculty. But no action has been initiated by
the Respondent No. 6. A copy of the said letter dated
24/08/2022 is filed herewith as ANNEXURE – J
Collectively.

19. The Petitioner thereafter, vide his subsequent letters

09/09/2022, 13/10/2022 and 14/10/2022 addressed to the
various competent authorities including the respondents
complaining about arbitrarily and indiscriminately
withholding of salaries by the Respondent No. 5 and 6 from
April, 2021 till date without any reason of whatsoever. The
 24

Petitioner also pointed out that the said Respondent No. 6 has
released and deposited salaries to all other teaching staff
deliberately excluding the Petitioner without any reason. The
Petitioner submits that the Petitioner protested in writing
against the arbitrarily reduction of salary and requested for
written clarification for its behaviour towards the Petitioner
and also sent legal notice, however, till date Respondent
No.6 preferred to be silent on the said complaints. The
Petitioner submits that such undue pressure and corrosive act
by the Respondent No. 5 and 6 is absolutely un-lawful and
arbitrary, which required to be investigated and process in
accordance with law.

20. The Petitioner submits that, on account of various

complaints received by the respondent No. 2 from teaching
and non-teaching employees, a meeting was called by the
respondent No. 2 on 05/11/2022 at Dr. Kamaltai Gavai
Institute of Engineering and Technology at Darapur,
Amravati, to look into the issues, when respondent no. 2, 5
and 6 along with other officials and office bearers were
present. Petitioner was also present in the said meeting and
submitted his grievances against the respondent No. 5 and 6
inter-alia regarding irregularities in monthly salaries, non-
payment of salaries as per 7th pay commission, arbitrarily
withholding of salaries for last about 18 months without any
 25

valid reason, issuance of show causes notices for petty

reasons, without providing sufficient time to answer, threats
given on collage WhatsApp group to suspend from work,
mental agony etc. The Petitioner submits after hearing of the
complaints, the respondent No. 2 inter-alia instructed the
respondent No. 5 and 6 to pay the salaries of the teaching and
non-teaching staff as per 7th pay commission, pay the
monthly salary regularly with increments as per rules, to
ensure no metal harassment caused to teaching and non-
teaching staff. A copy of letter dated 11/11/2022 of the
respondent No. 2 along with minutes of meeting dated
05/11/2022 is filed herewith as ANNEXURE –
__Collectively. It is pertinent to note that, in spite of
instruction given by the respondent no 2, the Respondent No.
5 and 6 failed and neglected to release the salaries, arbitrarily
and indiscriminately withheld by them since, April, 2021 till
November, 2022.

21. The petitioners submit that, the petitioners have time

and again given representations to the Respondents no. 5 and
6 calling upon them to give revised monthly salaries
regularly as per the AICTE 2019 Regulations and to provide
arrears thereof and to provide arrears of difference in salaries
as per revised pay scale as per AICTE 2010 Regulations and
Government Resolution dated 20.8.2010. Despite receipt of
representations by the said respondents, they have not paid
 26

the withhold salaries with arrears of salaries as demanded by

the petitioner and revised salaries as demanded by the
petitioner.

22.The petitioner seeks a direction to the respondents to pay to

him regular revised monthly salaries as per the AICTE 2019
Regulations adopted by the State Government vide
Government Resolution dated 11.9.2019 & to pay its arrears
w.e.f. 1.1.2016 being difference in salaries and likewise to
pay arrears of difference in salaries from 1.8.2010 (from the
date of appointment) till the 31.12.2015 as per AICTE 2010
Regulations adopted by the State Government vide
Government Resolution dated 20.8.2010. The Petitioner also
seek directions to pay to him his salaries, arbitrarily and
indiscriminately withheld by the Petitioner No. 5 and 6 since
April 2021 till November 2022 without any reason
whatsoever. Petitioner is enclosing herewith as
ANNEXURE – K a copy of the chart of arrears payable to
the petitioner. Petitioner submits that, his legal right to
receive salary at par with employees who are similarly
situated/placed in Government and Non-Government Aided
institutions are violated. According to the petitioner this is
violation of right to equality enshrined U/A. 14 of the
Constitution of India.
 27

GROUNDS

A. THAT, the petitioner submits that despite the aforesaid,

respondents No. 5 and 6 have not paid to the petitioner
revised salary (as per 6th pay and 7th pay commission
recommendations as per AICTE Regulations adopted by the
state government) and the petitioner has not been paid the
difference between actual payment made to him and pay and
allowances payable to him with effect from the date of his
appointment till date.
B. Petitioner submits that, the AICTE Regulations referred to
hereinabove and the GR of the state government deciding to
implement revision of pay scales contained in said AICTE
Regulations do apply to the petitioner as well
notwithstanding that the Polytechnic Institute in which he
works or is employed is a private unaided institute.

C. Petitioner submits that a policy decision taken by the

government is binding on the management respondent No. 6
and it is bound to implement the revision of pay scales
accordingly. Petitioner submits that in case of both, teaching
and non-teaching staff, the management is bound to apply
hierarchical structure of the teaching and non-teaching staff
 28

prepared by the AICTE and the state government

respectively and it is also bound to apply the pay scales
applied by the state government. Petitioner further submits
that, affordability of the management cannot be a ground to
disentitle the employees (teaching and non-teaching staff)
from getting the same pay scale as similarly situated
employees get in the government or non-government aided
colleges. Petitioner submits that, it is a settled principle of
law that, there can be no justification in excluding employees
of the unaided educational institutions while extending the
benefit of revised pay scales to the employees of the aided
educational institutions. Such a classification is clearly
violative of Article 14 of the Constitution of India. Petitioner
submits that, equal pay for equal work is a doctrine well
settled and is being violated by the Polytechnic Institute and
management with whom the petitioner is employed by not
paying the revised pay scales to the petitioner. Petitioner
submits that, he is entitled to payment of interest calculated
at the rate of 8% per annum (at least) on the arrears of
difference in actual payment made to the petitioner and the
pay and allowances payable to the petitioner as per the
revised pay scales.

D. Petitioner submits that, private colleges were permitted to be

opened subject to certain terms and conditions and one of
such condition was that, they would be obligated to
 29

implement the rules and regulations framed by the state

government, from time to time, as per the government
resolution dated 21/5/1983. Therefore, the petitioner submits
that the respondents No. 5 and 6 can have no excuse to shirk
their responsibilities to make payments to the petitioner
according to the pay scales prescribed by the state
government and recommendations of 6th and 7th pay
commissions.

E. Petitioner submits that, the respondent No. 7 Polytechnic

Institute is approved/recognized by the AICTE and is
affiliated to MSBTE and the respondent No. 6, while being
recognised by the AICTE and while being affiliated to the
MSBTE, provided an undertaking that they would comply
with the directions given by the AICTE and MSBTE.
F. Petitioner craves leave of this Hon’ble Court to rely on
judgement dated 28/8/2019 passed by this Hon’ble Court
(Aurangabad Bench) in writ petition No. 11259/2017 and a
copy of the judgment dated 17.11.2022 passed by this
Hon’ble Court (Nagpur Bench) in W.P. No. 3489/2020 &
2121/2021 to buttress the aforesaid contention of the
petitioner. A copy of the said judgements dated 28.8.2019
and order dated 17.11.2022 is filed herewith as
ANNEXURE-L.
 30

G. That the Respondent No. 2 directed Respondent No. 5 and 6

during the meeting held on 05/11/2022 at Dr. Kamaltai Gavai
Institute of Engineering and Technology at Darapur,
Amravati, to pay the salaries of the teaching and non-
teaching staff as per 7th pay commission.

23.The petitioner submits with due respect and with deepest

request that, the facts stated hereinabove depict an excellent
prima facie case in favour of the petitioner. Therefore,
petitioner prays for interim reliefs mentioned in the prayer
clauses. If the interim reliefs as prayed for are not granted to
the petitioner, the petitioner would suffer an irreparable loss.
Per contra, no prejudice would be caused to any one if the
interim orders as prayed for are granted to the petitioner.

24.The petitioner has not filed any other petition of the present
kind, either before this Hon’ble Court or before the Hon’ble
Supreme Court of India, at any time before.

25.The petitioner has no other alternative efficacious remedy

except other than to approach this Hon’ble Court in the
exercise of its extra-ordinary jurisdiction.

HENCE THIS PETITION

 31

P R A Y E R :- It is, therefore, most humbly and

respectfully prayed before this Hon’ble Court
that, it may be pleased to issue an appropriate
writ, order or direction to :-

A. Direct respondents to pay revised regular

monthly salaries to the petitioner as per the
Government Resolution dated 11/9/2019
[ANNEXURE - ] issued by the respondent
No. 1 implementing AICTE scheme (7th Pay
Commission) and as per the All India
Council for Technical Education Pay Scales,
Service Conditions and Minimum
Qualifications for the Appointment of
Teachers and other Academic Staff such as
Library and Physical Education Personnel
in Technical Institutions and Measures for
the Maintenance of Standards in Technical
Education – (Diploma) Regulation, 2019;

B. Direct the respondents to release the arrears

of difference in actual payment made to the
petitioner and pay and allowances payable to
the petitioner w.e.f. 1.1.2016 till payment of
revised pay scale as per the Government
Resolution dated 11/9/2019 [ANNEXURE
- ] issued by the respondent No. 1
 32

implementing AICTE scheme (7th Pay

Commission) and as per the All India
Council for Technical Education Pay Scales,
Service Conditions and Minimum
Qualifications for the Appointment of
Teachers and other Academic Staff such as
Library and Physical Education Personnel
in Technical Institutions and Measures for
the Maintenance of Standards in Technical
Education – (Diploma) Regulation, 2019
along with interest thereon @8% per annum
till its realization;

C. Direct the respondents to release the arrears

of difference in actual payment made to the
petitioner and pay and allowances payable to
the petitioner w.e.f. 1.8.2010 till 31.12.2015
as per the Government Resolution dated
20/8/2010 [ANNEXURE - ] issued by the
respondent No. 1 and as per the All India
Council for Technical Education (Pay Scales,
Service Conditions and Qualifications for the
Teachers and other academic staff in
Technical Institutions (Diploma)
Regulations, 2010 along with interest thereon
@8% per annum till its realization;
 33

D. Direct the respondents to release regular

salaries arbitrarily and indiscriminately
withhold by the Petitioner No. 5 and 6 since,
April, 2021 till November, 2022 without any
reason whatsoever along with interest
thereon @8% per annum till its realization;

E. Direct the respondents to grant benefits of

career advancement scheme (CAS) to the
petitioner as per Government Resolution
dated 20/8/2010 [ANNEXURE - ] and
Government Resolution dated 17/10/2015
[ANNEXURE - ] issued by the respondent
No. 1 and as per the All India Council for
Technical Education (Career Advancement
Scheme (CAS) for the Teachers and other
Academic Staff in Technical Institutions)
(Diploma) Regulations, 2012;

F. During pendency of the present petition the

respondents may kindly be directed to pay to
the petitioner revised regular monthly
salaries to the petitioner as per the
Government Resolution dated 11/9/2019
 34

[ANNEXURE - ] issued by the respondent

No. 1 implementing AICTE scheme (7th Pay
Commission) and as per the All India
Council for Technical Education Pay Scales,
Service Conditions and Minimum
Qualifications for the Appointment of
Teachers and other Academic Staff such as
Library and Physical Education Personnel
in Technical Institutions and Measures for
the Maintenance of Standards in Technical
Education – (Diploma) Regulation, 2019;

G. During pendency of the present petition the

respondents may kindly be directed to pay to
the petitioner regular salary arbitrarily and
indiscriminately withhold by the Petitioner
No. 5 and 6 since, April, 2021 till November,
2022 without any reason whatsoever along
with interest thereon @8% per annum till its
realization;

H. Grant ex-parte ad interim relief in terms of

prayer clause E F and prayer clause G;
I. Grant any other relief which this Hon’ble
Court deems sufficient, fit and proper in the
facts and circumstances of the present case
 35

And for this act of kindness the petitioner

shall as-in-duty bound forever humbly pray

Nagpur

Date : ______-11-2022

Petitioner
Dr. Dipak S/o. Vinaya Shirbhate

SOLEMN AFFIRMATION

I, Dr. Dipak S/o. Vinaya Shirbhate, aged about 47 years,

Occ.:- Head of the Department of Mechanical Engineering, R/o.:-
Rachana Residency, Wing No. 4, Ganediwal Layout, Bhagyanagar
Camp, Amravati – 444602, do hereby take an oath and state on
solemn affirmation that the contents of above all Paras 1 to ____
are drafted by my counsel wholly as per my own instructions and
the same are read by me as also are read over and explained to me
in my vernacular language and which I have fully understood and I
say and submit as under :-

1. That, the contents thereof are true and correct to the best of
my personal knowledge and belief.
2. That, the documents placed on record are true copies of the
originals thereof.

Hence verified and signed on this ___ _________, 2022 at

________
 36

DEPONENT

I KNOW AND IDENTIFY THE DEPONENT

ADVOCATE
____________