Case Note & Summary
A legal challenge by GATIWEB against Clause No.10 of a Maharashtra Government Resolution (GR) regarding salary disbursement in aided technical institutions. GATIWEB argues that the clause, implementing HTE-Sevarth Pranali, reduces employee salary entitlement arbitrarily. The court ultimately upholds the legality of Clause No.10, citing historical policies and the state's discretion in grant-in-aid disbursement.
Background and Petitioner's Argument
GATIWEB challenges Clause No.10 of GR dated 21.08.2015. Seeks mandamus for releasing 100% salary through HTE-Sevarth Pranali.Petitioner's Contention
Registered under Bombay Public Trust Act, representing aided technical institution employees. Alleges arbitrary reduction from 100% to 90% salary without provision for the remaining 10%.Government's Response
GRs from 1978 provide for 90% grant-in-aid subject to fund availability. HTE-Sevarth Pranali aims at efficient salary disbursal without curtailing existing rights.Legal Arguments
Interpretations of past government resolutions and policies since 1978. Petitioner argues for 100% salary entitlement; respondents defend policy modernization.Court's Analysis and Conclusion
Review of historical policies and HTE-Sevarth Pranali's impact. Finds state actions lawful; dismisses arbitrariness claims. Upholds legality of Clause No.10 of GR dated 21.08.2015.
Issue of Consideration: Government Aided Technical Institutes Employees Welfare Board (GATIWEB), Through its Secretary Versus State of Maharashtra Ors.
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