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2005 DIGILAW 986 (BOM)

MAHARASHTRA GOVERNMENT POLYTECHNIC TEACHERS WELFARE ASSOCIATION, KARAD v. STATE OF MAHARASHTRA

2005-08-05

R.M.S.KHANDEPARKAR, S.P.KUKDAY

body2005
Judgment S. P. KUKDAY, J. ( 1 ) RULE, made returnable forthwith with the consent of parties. Shri V. A. Gangal, learned Special Counsel waives service for respondent Nos. 1 to 3. Respondent Nos. 4 and 5 are formal parties. Shri Shelke, learned Counsel waives service for respondent No. 5. In this petition, the petitioners have impugned the order dated 9th March, 2005, passed by Maharashtra Administrative Tribunal, Mumbai, Bench at aurangabad, in Original Application No. 920/2004, thereby rejecting Original application filed for quashing the Government Resolution dated 9-9-2004 bifurcating the cadre of Maharashtra Engineering Teachers and Administrative Services Group-A. ( 2 ) BRIEFLY stated the relevant facts are that initially there was a single cadre of Maharashtra Engineering Teachers Services, comprising of teachers from the engineering college, polytechnics and administrative cadre. The pay scales prescribed by University Grants Commission were made applicable to the teachers qualified for teaching in engineering colleges w. e. f. 1-1-1973. This resulted in disparity of pay scale between the teachers of engineering college and others. In order to remove this anomaly, the cadre was bifurcated by Government resolution dated 27-3-1979 and a new cadre known as "maharashtra Engineering teachers and Administrative Services Group-A" was created. This cadre consisted of teachers of the polytechnic as well as direct recruits in the administrative services. According to the equivalence, different categories of posts in this cadre were as under : ( 3 ) AS the equivalence was determined, persons from teaching cadre could be appointed to the administrative posts as per the equivalence and also by way of promotion. In short, vertical as well as horizontal avenues of transfer and promotion were available to the polytechnic teachers. On 26-5-1992, the pay scale recommended by All India Council for Technical Education (AICTE) were made applicable to the polytechnic teachers. This again created disparity with the pay-scales between different groups of Maharashtra Engineering Teachers and administrative Services Group-A. The comparative pay-scales are as under :