1

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
Cotton Market Road, Sahkar Nagar,
Amravati – 444603

3. All India Council of Technical

Education, through its Chairman, Western
 2

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. Shri Dadasaheb Gawai Charitable

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

6. Vikramshila Polytechnic, through

its Principal, Address :- Darapur, Tq .
Daryapur, District :- Amravati – 444606.
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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
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
 4

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
(Production Engineering) and a Master of Engineering
(Production Technology) and has done Ph.D. in the subject
of Management Mechanical. 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 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
 5

thereafter, he continues to function as a Head of the

Department in Mechanical Engineering Department of the
respondent No. 6 till date. Copies of the service book of the
petitioner along with appointment letter dated 29/07/2010
and 13/10/2012 are filed herewith as ANNEXURE-A
Collectively.

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
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, under
whose aegis respondent No. 6 Institute functions.
Respondent No. 6 is private self-financing / unaided institute
approved by Respondent No. 3 and is affiliated to
Respondent No. 4. Since, the respondents herein are agencies
 6

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 a private self-financing / 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 :-
““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
 7

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
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.
 8

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
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 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.
 9

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.

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
 10

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
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).
 11

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
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 –
 12

(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
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.
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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.

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

Resondent No. 6, vide its letter of Intent dated 21/05/2010
and letter of approval 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
letter dated 16/08/2010, letter of Intent dated 21/05/2010 and
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letter of approval 30/06/2010 are filed herewith as

ANNEXURE – F Collectively.

12. 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
– G Collectively. Petitioner craves, leave to refer to the said
Annexures when produced for its true meaning and
interpretation.

13.The Petitioner submits that the Respondent No. 5 and 6

deliberately and arbitrarily withhold monthly salary of the
Petitioner since April 2021 for the reason/s best known to
them. The Respondents No. 5 and 6 herein, paid and
 15

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 22 nd April, 2022, September
and October 2021 on 10th May, 2022, November, 2021 on
17th August, 2022, December, 2021 on 8th September, 2022,
January, 2022 on 14th September, 2022 and February, 2022
on 27th September 2022 respectively, from Bank of
Maharashtra, Chandikapur branch salary account of the
Respondents excluding the Petitioner. The Petitioner submits
that the Respondents No. 5 and 6 deliberately single out the
and victimise the Petitioner and indiscriminately withhold
the salary of the Petitioner cause personal vendetta for as
Petitioner is demanding his legitimate dues. 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
submits that, the Petitioner has time and again during the
period from May 2022 till date given various representations
to the various authorities including respondents above named
requesting them to give revised monthly salary regularly and
for release of his monthly salary or written clarification for
holding of his monthly salary. The Petitioner craves leave to
refer to and rely upon the said correspondence as and when
produced.
 16

14.The Petitioner submits that in reply to legal notice dated

03/03/2022, Dy. Director, Public Grievances Redressal
Commission, All India Counsel for Technical Education,
New Delhi vide his letter dated 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,
Respondent No. 2 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 or provided any satisfactory
clarification or taken any corrective action/s to release the
complete salary. Copies of said letters dated 07/04/2022 and
22/03/2022 respectively are filed herewith as ANNEXURE
– H Collectively.

15.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
 17

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 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. A
copy of the said Notice dated 21/07/2022 is filed herewith as
ANNEXURE – I. 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.
 18

16.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 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 – J Collectively. It is pertinent to
note that, in spite of instruction given by the respondent no 2,
 19

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.

17. 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
the withhold salaries with arrears of salaries as demanded by
the petitioner and revised salaries as demanded by the
petitioner.

18.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
 20

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.

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
 21

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
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
 22

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
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.
 23

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.

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.

19.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.
 24

Per contra, no prejudice would be caused to any one if the

interim orders as prayed for are granted to the petitioner.

20.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.

21.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

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. Declare that the Respondent No 6 college

and the Respondent No 5 Trust running the
Respondent No 6 College are duty bound to
follow all the norms and regulations as
prescribed by the Respondent No 3 Council
from time to time.
 25

B. 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;

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. 1.1.2016 till payment of
revised pay scale 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
 26

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;

D. 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;

E. Direct the respondents to release regular

salaries withhold by the Petitioner No. 5 and
 27

6 since, April, 2021 till November, 2022

without any reason whatsoever along with
interest thereon @8% per annum till its
realization;

F. 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;

G. 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
[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,
 28

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;

H. During pendency of the present petition the

respondents may kindly be directed to pay to
the petitioner regular salary 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;

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

prayer clause G and prayer clause H;

J. Grant any other relief which this Hon’ble

Court deems sufficient, fit and proper in the
facts and circumstances of the present case
And for this act of kindness the petitioner
shall as-in-duty bound forever humbly pray

Nagpur
 29

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

________
 30

DEPONENT

I KNOW AND IDENTIFY THE DEPONENT

ADVOCATE
____________