Whether unaided private self financed degree engineering colleges are bound to implement 6th cpc?

As the government orders did not provide for unaided private schools, your claim is invalid.

If you have evidences that the institute had settled the arrears and pay fixation benefits as announced in the 6th pay commission, you may present the documentary evidences of such settlement by the institution in your claim petition and strongly plead the biased action of the instititue against you from the very beginning and the attitude to wreaking vengeance against you for having approached the court for your rightful reliefs. 

It is true that the no employee has been paid arrears. But to implement and pay arrears from 01 Jan 2006, they pursued FRC and got fee escalation for almost 12 years. 

From the base academic year 2010-11 charging fee Rs. 38000/- now they are charging Rs. 91000.

If the rules state otherwise you may have to see what the pay commission rules and conditions state that whether the private educational institution is eligible or not for fixation of pay as per sixth pay commission or not.

You may peruse the commission report and revert with your actual problem.

Unaided private educational institution(s) can frame its own rules / procedure / instructions including decision to implement 5th, 6th, 7th or 8th CPC, where State government has limited (minimal) control.

Dr. Vashishta, it is true that State government has limited or minimal control over SFIs, but only in financial matters.

If any unaided private self financed technical institute, which is not approved by AICTE, hence not affiliated to respective State approved University, degree exams and degree certificates are not issued by State approved University,  is as good as private coaching class.

For your information:

In many Indian states, it is generally mandatory for private unaided schools to implement the 6th Pay Commission recommendations, particularly for employees in the teaching and non-teaching categories. 

This is often based on state-level circulars or court orders that mandate the implementation of the pay commission's recommendations for both aided and unaided schools.

Many states have issued circulars or government resolutions requiring private schools, both aided and unaided, to follow the 6th Pay Commission recommendations. 

These directives often specify how to implement the pay scales and allowances. 

You may confirm that if your state govenment had issued any such circulars requiring the institutions like yours, are to abide by the recommendations of the 6th pay commission and any GO prescribing  the guidance to implement the recommendations accordingly.

Courts have also played a role in ensuring the implementation of pay commission recommendations. 

For instance, the Delhi High Court has issued orders stating that private schools, including minority unaided schools, are obligated to pay their employees according to the 6th and 7th Central Pay Commissions.

Therefore if necessary, in consultation with an experienced lawyer in the local, you can look for the possibilities to escalate the matter through court of law to get the desired reliefs.

Dear T. Kalaiselvan Sir, perfect and balanced analysis and impartial view. Many many thanks.

The main problem in our country is, the Law Makers or the Regulatory authority makes the laws, but they can't or may be, don't want to enforce their own laws and enter into litigations. If the law is not followed or implemented, then approach the Court. The judges need time to understand the laws made by Regulatory authority, take their own time to interpret the grievance of the aggrieved, rather victimim's grievance. The victimizer is always much powerful then the victim, like a retired teacher like me, so the victim can never match the muscle and money power of the mighty victimizer. Finally, victim gives up and tries for settlement, much less than the actual damage. 

I am spending from my pocket, from my savings, saved  for comfortable retirement life of mine and my family in my absence. Whereas the victimizer, the respondent institute, is spending from trust's funds, paying heavily to very senior and highly paid advocate. 

As you rightly said, some states issue directions for implementation of the Pay Commission recommendations for both government/grant in aid institutes as well as for unaided institutes. Most of the time, the major issue arises is the restropective implementation of the recommendations and hence payment of arrears.

As the AICTE is the Apex body for technical education, the recommendations can not be diluted by the State government or the affiliating university. Hence there is no question of denial of implementation of Pay Commission recommendations with any deviation or dilution, except AICTE clarifies or modifies the recommendations after valid representations by the stakeholders.

Now read the following paras reproduced from the AICTE APPROVAL PROCESS HANDBOOK and GTU regulations for affiliations for any AICTE approved technical institute.

Read the three paragraphs describing conditions to run technical institute, reproduced from AICTE 6th CPC notification, format of affidavit to be submitted to AICTE every year for EoA and State University for affiliation.

(A) Following para is reproduced from AICTE 6TH CPC notification.

1. Short Title, Application and Commencement: 

1.1 These Regulations may be called the All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff In Technical Institutions (Degree) Regulations, 2010. 

1.2 They shall apply to technical institutions and Universities including deemed Universities imparting technical education and such other courses / Programs and areas as notified by the Council from time to time. 

(B) Read the following para, reproduced from the format of affidavit to be submitted by an already Approved technical institute by AICTE for Extension of Approval every year.

15. That I have uploaded the details of faculties, Administrative and supporting Staff over portal. And Institute is adhering with pay scale, gross pay, PF deduction and TDS as per the Central / State / local authority norms as applicable;

(C) Now read following para, reproduced from GTU Act, affiliation requirement chapter.

R 14 AFFILIATION: 

Any affiliated institute or upcoming new institute which wants to affiliate with GTU has on priority apply first in apex higher body like AICTE/PCI/COA/Govt. of Gujarat/University/ Others for particular academic year. Norms and eligibility criteria for each institute remain same as per decided by higher authority like AICTE/PCI/COA/Govt. of Gujarat/ University/ Others for particular academic year. 

That means every technical institute, imparting technical courses as per AICTE, be it government, grant in aid, or self financed, has to obtain EoA every year from AICTE after submitting documents and affidavit as per AICTE approval process handbook and then apply to GTU to continue affiliation.

The question is, should the State government separately issue an order for SFI degree engineering colleges for implementation from effective date retrospectively and pay arrears?

When I approached the AICTE and GTU, I was told that the rules and conditions are self explanatory. No need to issue separate order or clarifications. If any issue is there, approach the Tribunal. 

I requested them why can't you enforce the law made by you. Then I was told that you have to approach the Tribunal who is authorised to interpret and enforce the laws.

Sir, please spare some valuable time from your busy schedule and try to analyze the the 3 paragraphs in italics reproduced above.

Then I will come back with one interesting case which I submitted to the Tribunal to help them to conclude. Instead, The Learned  Tribunal Judge misinterpreted and as Dr. Vashishta mentioning his reply, in absence of any direction for unaided institutes, the Responent institute can not be forced to implement 6th CPC retrospectively and pay arrears.

Again, many many thanks to all Learned Lawyers who are actively participating in the discussions by sparing their valuable time.

Well, instead of analysing the facts or straining  yourself to interpret the law in this regard, as advised by the authorities concerned, nothing prevented you from approaching the tribunal with an original application.

Even now you can approach the tribunal venting out your grievances and seek appropriate relief and remedy to the persisting problems.

If the tribunal's verdict is also not in your favor i.e., if they have not interpreted the law as you understood, then on the basis of an opinion from your own lawyer you can approach high court with a writ petition seeking relief. 

Sir, l have already filed Application in Tribunal with all relevant documents and landmark verdict of Apex Court which has been followed as precedence by other High Courts directing the unaided institutes to implement the Pay Commission recommendations from restropective effective date and pay arrears. It is now almost seven years, there is no progress.

Even I requested the Tribunal for interim relief in payment of arrears only because arrears are part of salary. Rest claims can be decided on merit. After more than one year, the relief is turned down by the Tribunal. The reason, because the Respondent Institute has not paid arrears to any staff member, Respondent Institute cannot be forced to pay arrears to you alone because then the Respondent Institute will have to pay the arrears to all staff members.

I have already spent more than one and half lakhs for contesting at Tribunal level in past about 7 years. Neither Tribunal disposes the Application not I am allowed to file petition in High Court because the closest remedy authority, The Tribunal is available.

Even if my Application is disposed, against my claims, initially I need atleast another 2 lakhs to fight at High Court level, equivalent to my four months pension!

I approached the free legal help centre of High Court, but there is a cap of annual income of just Rs. 1 lakh.

Even I offered for the settlement to the Respondent Institute, they are reluctant because they know that finally I will give up because of my old age, health problems, remote location from Tribunal and constraints of financial ability to pay the fees to the legal experts. Still, there is no guarantee that I will succeed. Apex Court is out of my reach, where as the Respondent Institute has crores of funds at their disposal to deprive me of my legitimate claim of few lakhs.

Though your situation is pathetci,  we can give only suggestions that too only to certain extent and beyond that you may have to be contended with your own advocate's advise or change the advocate.

Since the matter is pending before the tribunal you may wait for the disposal .

However nothing prevents you from filing a revision petition against the tribunal's order rejecting the interim relief, you may discuss with your advocate about filing a revision petition against the orders rejecting the application for interim relief

Sir, we had discussed about review petition. My advocate worries that again it will go into loop and the main matter may get diverted and delayed. He is of the opinion that let the Application come out of the bottleneck i.e. Tribunal and then we plan accordingly.

Ofcourse, funds are again a major problem. I fought for PF and gratuity payment myself i.e. party in person. I also approached Tribunal party in person and got the Application registered. Afterwards, because of the health problems, I handed over my case to the advocate. He is very senior and also follows ethics. He fights only for teachers, the victims. The only problem is, only spare time Judges are given the responsibility at the Tribunal. That too for short periods. Again, in between, for months, no panel will be available. Hence the hearings are intermittent and every time new panel tries to understand the claims. In between vacations will disrupt the continuity.

It's all bad luck. I didn't agree with the policy decisions of Management which were affecting adversely to odd 300 employees and their families. So I was victimized. But I am happy that even after 10 years of retirement, people love me, remember me and respect me.

Now, with virtual hearing and e-filing system installed at High Court, I may be comfortable for hearings. Otherwise, every trip from Vadodara to Tribunal at Ahmedabad, costs me around 4000 Rs. for hiring a full day return trip cab.

Your advocate's opinion and advise canot be ignored but that does not means that you will wait for years together without getting any relief including the interim relief.

In fact the tribunal rejected your prayer for interim relief more than a year ago thus denyhing you the privilege that may be available by the discretion of the higher court using its inherent powers.

You can appear as party in person also for filing the revision petition seeking to set aside the dismissal orders of the tribunal rejecting your prayer and pray for appropriate orders to the governmental authority or the institute to pay you the interim relief as per the prevailing law by citing the relevant  rules or office order or the GO. 

Sir, during February 2024, l had submitted prayer for Interim Relief for 6th CPC arrears. Afterwards there was summer vacation. After vacation, nothing moved. So, to help the Tribunal to take decision, I submitted prayer to add AICTE, GTU, DTE and FRC, all statutory bodies empowered to regulate the technical education. Till today, there is no movement. When I enquired with my lawyer, he said the Hon. Judge has assured to conclude the whole Application in near future. This is second panel of tribunal assuring to do so. 

In my previous reply about three paragraphs reproduced from AICTE and GTU regulations, here I attach a judgement/order by Bombay High Court. D.Y. Patil group of colleges prayed for relief from retrospective implementation of 5th and 6th AICTE recommendations because of financial crunch.

Following the precedence of judgements in case of Bharatiya Kamgar Sena and Mahatma Gandhi Mission, Aurangabad, by Apex Court, the prayer was turned down. Read the highlighted paragraphs of the attached judgement.

It is clearly mentioned that once AICTE gazette is accepted by the Central and State governments, no authority can dilute or deviate the norms. 

If you read highlighted paragraph on page 16, it is clearly written that AICTE order has denude the power of State. Even no university can dilute or deviate the AICTE norms.

I had submitted all such judgements downloaded from respective Court websites for ready reference. Still Learned Tribunal is not convinced.

D.Y. Patil group, in first paragraph of prayer has clearly mentioned that as AICTE is Apex authority, we are ready to implement both the Pay Commission recommendations, only thing restropective implementation hurts.

With reference to both Bombay High Court and Supreme Court judgements in case of Bharatiya Kamgar Sena and Mahatma Gandhi Mission, there are numerous judgements and orders. 

In essence, be it government/grant in aid or self financed institute, the AICTE norms are to be strictly followed, otherwise the EoA of by AICTE will be withdrawn and hence affiliation of respective affiliating university.