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Deemed University Teachers – Fifth Pay Commission from 1.1.1996

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Deemed University Teachers – Fifth Pay Commission & Cut Off date

Judgment dated 16.9.2026 of the High Court of Bombay in Writ Petition No.3900 of 2011 of Kanishth Mahavidayayin Shikshan Annyay Nivaran Kruti Samitee and others   Vs.  State of Maharashtra and another with connected writ petitions.

All these writ petitions are being decided by a common judgment since common issues are involved regarding the applicability of the Fifth Pay Commission benefits to the teachers in the Deemed Universities from 1st January 1996 as per the claim made by the petitioners, instead of 1st March 2000 / 1st April 2002 granted by the State Government.

The petitioners are teaching and non-teaching members of Deccan College, Post Graduate and Research Institute (Deemed to be University) including retired employees.

The respondent No.3- Deccan College, Post Graduate and Research Institute has been granted the status of a Deemed University and is one of the oldest educational institutions in India. The Institute offers M.A., P.G. Diploma and Ph.D. courses in the subjects of Archaeology and Linguistics. By a Government Resolution (“GR”) dated 27th February 1989, the Fourth Pay Commission recommendations came to be implemented.

The Deemed Universities are under the control of the UGC. However, as a special case, the financial burden of some employees of Deemed Universities has been taken by the State Government. These Deemed Universities are :- (1) Deccan College Post Graduate and Research Institute, Pune, (2) Tilak Maharashtra Vidyapeeth, Pune, (3) Gokhale Institute of Politics and Economics, Pune in the State of Maharashtra.

GR dated 1st June 2002, the benefit of the Fifth Pay Commission has been made applicable to the teaching and non-teaching employees working with the respondent No.3-Deccan College. Thus, unlike the Fourth Pay Commission, in the case of the Fifth Pay Commission, for the implementation of the benefit of the Fifth Pay Commission, different dates are prescribed. The date, 1st January 1996, is prescribed for giving the benefit to the teaching and non-teaching employees of the Non-Agricultural Universities and Affiliated Colleges, whereas in the case of respondent No.3 University, the date which has been chosen is 1st April 2002.

It is the contention of the petitioners that so far as the First to Fourth Pay Commissions are concerned, no discrimination was made by respondent No.1, but such discrimination has been made for the first time while implementing the recommendation of the Fifth Pay Commission to the employees of respondent No.3.

HELD The State has taken care of service conditions of the teachers and taken over the responsibility of providing maintenance grants to the Deemed Universities. Granting the benefits of the Fifth Pay Commission to the teaching and non-teaching staff from different dates in the present case, citing the ground of financial constraints, in our view, is not a sound exercise of discretion. The State could have well considered granting the benefits of the pay scales to the teachers of the Deemed Universities in respect of which the State Government is providing the maintenance grants with effect from 1st January 1996,

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