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case analysis

 Keraleeya Samajam & Anr. Versus Pratibha Dattatray Kulkarni (Dead) through LRs & Ors. 

COURT NAME: The Supreme court of India. 

 JUDGEMENT NAME: Keraleeya Samajam & Anr. Versus Pratibha Dattatray Kulkarni (Dead) through LRs & Ors. 

 JUDGEMENT DATE:  October 1, 2021 

JUDGE/ BENCH: M.R. Shah, J. 


 INTRODUCTION

  • The conditions of service and the pay scales applicable to the preceptors of private seminaries are specified by schedule-c of the rules of 1981. The state of Maharashtra by allocation of RTGS directed that our seminaries should apply the 6th Pay commission report and pay payment to the staff consequently. The payment of payment and the arrears in agreement with the recommendation of fifth and sixth Pay commission report are made applicable to the workers of the private academy in respect of whether they're entering entitlement-in- aid or not. 

 FACTS OF THE CASE 

  •  By this Solicitation filed under article 226 of the Constitution of India, The Division Bench has disposed of the said writ desires issuing a direction to the Deputy Director (Education) to see that the preceptors working with the petitioner's academy have entered their stipend and hires consequently. 

  •  The pleaders are governed by the service conditions as specified under the Maharashtra Workers of Private Seminaries ( Conditions of Service) Regulations Rules Act, 1981. 

  •  The High Court directed the pleaders Institution to pay the arrears of payment as per the Fifth and Sixth Pay Commissions to the teaching and non-teaching staff of the alternate petitioner School ( said to be unaided academy). 

  • Senior Counsel learned that, the pleaders who has submitted were ready to pay arrears as per the scale specified by the rules of 1981. 

  •  The supplicant to file the computation memo as arrears of the quantum outstanding to the tutoring andnon-teaching staff. Consequently, the pleaders have filed a computation memo as per which the quantum towards the payment for three times antedating the form of writ solicitation (Sixth Pay Commission),Rs./ is outstanding. So far as the total arrears towards Fifth Pay Commission an quantum ofRs./-is outstanding. As of now according to the Sixth Pay Commission the quantum outstanding is ofRs./-­. 

  •  Therefore, the total arrear as per Fifth and Sixth Pay Commissions isRs./ (Rs./Rs./) and out of the said quantum 50 works out to Rs./. 

  • Mr. Shekhar Napahde, learned elderly counsel, has submitted that the alternate supplicant being unaided academy may not be in a position to deposit the entire quantum. 

  •  Considering the submission made at the Bar, there shall be an interim stay of the operation of the impugned order on condition that the supplicant shall deposit 50 of the total quantum which works out toRs. within a period of eight weeks failing which the interim stay granted by this Court shall be automatically vacated. 

  •  On similar deposit, the quantum ofRs./  shall be expended to the tutoring andnon-teaching staff of the alternate supplicant academy and other workers who are held entitled to get arrears as per the orders of the High Court. 

 CONTENTION OF THE COMPLAINANT 

  • Mr. Shekhar Napahde, learned elderly counsel, has submitted that the alternate supplicant being unaided academy may not be in a position to deposit the entire quantum. Considering the submission made at the Bar, there shall be an interim stay of the operation of the impugned order on condition that the supplicant shall deposit 50 of the total quantum which works out toRs./ ­ within a period of eight weeks failing which the interim stay granted by this Court shall be automatically vacated. The deposit of the below quantum shall be without prejudice to the contention of the pleaders in the matter. 

 CONTENTION OF THE RESPONDENT

  • Mr. Akshay Girish Ringe &Mr. BhaskarY. Kulkarni, learned counsel appearing for the repliers, have agreed that the quantum so deposited before this Court be expended to the tutoring &non-teaching staff and the other workers of the alternate supplicant Model English School through Deputy Director of Education, Education Department, State of Maharashtra. 

 JUDGEMENT 

  •  The court held that, the reasons stated above both these special leave solicitation earn to be dismissed and consequently dismissed. It's directed to the pleaders to clear the arrears within a period of eight weeks from moment failing which it shall carry interest at 9. 

  • The Deputy Director (Education), Nasik Division is hereby directed to see that the present order is complied with by the pleaders and the quantum is expended to the separate repliers by account payee cheques. 




 IN MY OPINION 

  •  In my opinion, the lapse and inactivity on the part of the pleaders, the repliers can not be made to suffer and deny the arrears of the hires as per the 6th Pay Commission recommendation, which else they're entitled to. Every time the preceptors aren't supposed to approach the applicable authority for getting the benefit as and when there's a modification of pay as per the pay commission recommendations. 

 REFERENCE 

  • Article 226 of the constitution of India

  • https://main.sci.gov.in › 3084...PDF
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