SECRETARY MAHATAMA GANDHI MISSION & ANOTHER versus BHARTIYA KAMGAR SENA & OTHERS

Citation: [2017] 2 S.C.R. 241 · Decided: 05-01-2017 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Dismissed

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Judgment (excerpt)

[2017) 2 S.C.R. 241 
SECRETARY MAHATAMA GANDID MISSION & ANOTHER 
A 
v. 
BHARTIYA KAMGAR SENA & OTHERS 
(Civil Appeal Nos. 115-116 of2017) 
JANUARY 05, 2017 
[J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.) 
Maharashtra University Act, 1994: 
s. 8(3) - Maharashtra Non-Agricultural Universities and 
Affiliated Colleges Standard Code (Non Teaching Employees Revised 
Pay) Rules, 2009 - rr. 17, 2 - Rules made in respect of Sixth Pay 
Commission by State of Maharashtra in the year 2009 - Right of 
employees to receive pay and allowance in terms of Sixth Pay 
Commission - Appellant's case that Rules of 2009 revising the pay 
scales of non-teaching staff of only affiliated aided colleges and 
appellant being an unaided college, cannot be compelled to pay 
salary and allowances to its employees in terms of the 
recommendations of the Sixth Pay Commission - Sustainability of -
Held: No justification in excluding the non-teaching employees of 
the unaided educational institutions while extending the benefit of 
the revised pay scales to the non-teaching employees of the aided 
educational institutions - Such classification is clearly violative of 
Art. 14 - Objects sought to be achieved by the periodic revision of 
the pay-scales was to comply with the constitutional mandate 
emanating from Art. 43 of the Constitution, thus, the rationale behind 
the classification made by the State of the Maharashtra between 
aided and unaided colleges cannot be understood - GR dated 
12.8.2009 can be safely construed to be one made in exercise of 
the power u!s. 8(3) conferring a legal right on the teaching staff of 
the affiliated colleges irrespective of the fact whether they are aided 
or not - Colleges run by the appellants are admittedly colleges 
affiliated to the Universities functioning under the Act - Thus, their 
teaching staff would be entitled to revised pay scales in terms of the 
GR - Constitution of India - Art. 14. 
Constitution of India: 
Art. 14 - Power of constitutional court to compel executive 
241 
B 
c 
D 
E 
F 
G 
H 
242 
A 
B 
c 
D 
E 
F 
G 
H 
SUPRf:ME COURT REPORTS 
[2017] 2 S.C.R. 
to exercise statutory authority to make subordinate legislation 
consistent with Art. 14 - Held: If a law, whether primary or 
subordinate legislation, is found to be untenable on the touchstone 
of Art. 14 by the constitutional court, it can declare such law to be 
unconstitutional and strike the same - However, siriking down a 
I 
law, which confers some benefit on a class of people ignoring others 
who are othenvise similarly situated, is not to be done as a matter 
of course. 
Scheme of education system and employment under -
Explained. 
Dismissing the appeals, the Court 
HELD: 1.1 The Sixth Pay Commission appointed by the 
Government of India is only a body entrusted with the job of 
making an assessment of the need to revise the pay structure of 
the employees of the Government of India and to suggest 
appropriate measures for revision of the pay structure. The 
.recommendations of the pay commission are not binding on the 
Government of India, much less auy other body. They are only 
meant for administrative guidance of the Government of India. 
The Government of India may accept or reject the 
recommendations either fully or partly, though it has never 
happened that the recommendations are completely rejected by 
the Government so far. [Para 59] [270-D-E; 271-A] 
1.2 Once the Government of India accepted the 
recommendations of the pay commission and issued orders 
signifying its acceptance, it became the decis.ion of the 
Government of India. That decision of the Government created 
a right in favour of its employees to receive pay in terms of the 
recommendations of the Sixth Pay Commission and the 
Government of India is obliged to pay. The fact that the 
Government of India accepted the recommendations of the Sixth 
Pay Commission (for that matter any pay commission) does not 
either oblige the States to follow the pattern of the revised pay 
stru_cture adopted by the Government of India or create any right 
in favour of the employees of the State or other bodi.es falling 
within the legislative authority of the State. [Paras 60,61] [271-
B-D] 
SECRETARY MAHATAMA GANDHI MISSION & ANOTHER v. 
243 
BHARTIYA KAMGAR SENA & OTHERS 
1.3 The Government of India decided to extend the benefit 
A 
of revised pay scales to the employees of various central 
universities etc. on the basis of the recommendations of the 
University Grants Co

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