Summary: A group of retired employees from Dr. Punjabrao Deshmukh Polytechnic, Amravati, sought back pay of 10% salary from the Shivaji Education Society. The court ruled they could claim back pay for the three years before they filed their request.
Thirteen retired employees, including Pramod Vasantrao Deshmukh and others, filed a request for unpaid salary back pay. They had worked at Dr. Punjabrao Deshmukh Polytechnic, managed by Shivaji Education Society, without any issues. They claimed back pay based on a 2015 Government Resolution requiring non-government institutions to pay 10% of salaries.
"Pramod Vasantrao Deshmukh and the other petitioners have approached this Court to order Shivaji Education Society, Amravati to release back pay of 10% of salary payable..."
The court, led by Judges Urmila Joshi Phalke and Nandesh S. Deshpande, listened to arguments from both sides. The petitioners argued their claim was an ongoing issue, while the respondents claimed it was too late to file.
"The respondents herein had filed their reply... stating that there is no dispute about the entitlement of Pramod Vasantrao Deshmukh and others. However, the claim being too late is liable to be rejected."
The petitioners cited previous decisions supporting their claim as an ongoing issue, allowing for delayed claims. However, the respondents emphasized the difference between 'ongoing' and 'repeating' issues, arguing the latter applied here.
"In sum and substance, it is the contention... that Pramod Vasantrao Deshmukh and the other employees were working in the college for a substantial period... and now have chosen to do the same after their retirement."
The court concluded that while Pramod Vasantrao Deshmukh and the other petitioners were entitled to their claims, they could only recover back pay for the three years before they filed their request. The court emphasized the importance of taking legal action in a timely manner.
"We are afraid that relief prayed in the petition cannot be granted in its entirety. However, Pramod Vasantrao Deshmukh and the petitioners are entitled to back pay of salary payable to them for the three years before the date of filing of the petition."
