: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.6355 OF 2002 WRIT PETITION NO.6355 OF 2002 WRIT PETITION NO.6355 OF 2002 Maharashtra Sugar Factories Managing ) Directors Association through its ) Executive Chariman Shri Mansinghrao ) Jaisinghrao Jadhav, having its office ) at Sakharnagar, Sahakari Grahnirman ) Sanstha, Pashan Road, Pune 411 021 ).. PETITIONER Versus 1) State of Maharashtra ) (Summons to be served on the ) Learned Additional Government ) Plader appering for State of ) Maharashtra under Order XXVII ) Rule 4, of the Code of Civil ) Procedure, 1908) ) 2) The Commissioner of Sugar ) PMT Commercial Complex ) Shankarsheth Road, Pune. ) 3) The Deputy Secretary ) The Co-operative Textile Department ) Government of Maharashtra ) Mantralaya, Mumbai. ) 4) The Deputy Secretary ) Co-operative and the Textile ) Department, Government of ) Maharashtra, Mantralay Annex ) Mumbai 400 032 ).. RESPONDENTS Mr.A.V. Anturkar for the Petitioner. Mr.S.R. Nargolkar, Assistant Government Pleader, for the Respondents absent. CORAM: V.G. PALSHIKAR, Ag. C.J. AND CORAM: V.G. PALSHIKAR, Ag. C.J. AND CORAM: V.G. PALSHIKAR, Ag. C.J. AND SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATED: 8TH FEBRUARY 2006 DATED: 8TH FEBRUARY 2006 DATED: 8TH FEBRUARY 2006 : 2 : JUDGMENT : (PER MHATRE, J.) JUDGMENT : (PER MHATRE, J.) JUDGMENT : (PER MHATRE, J.) . The Petitioner, which is an Association of the Managing Directors of the Sugar Factories in the State of Maharashtra, has filed this Petition challenging the order dated 4th June 2002 rejecting the demand made by the Petitioner to grant the pay scale according to the 5th Pay Commission from 1st January 1996. The Petitioner was informed that the Government had reiterated its earlier decision that the revised pay scale for the Managing Directors of the Sugar factories would be made applicable from 1st January 2001 only. 2. According to the Petitioner, the Government Resolution dated 5th November 1984 was issued by Respondent No.1 in respect of appointments of Managing Directors of Sugar Factories in the State of Maharashtra which also stipulated their service conditions. The old pay scale was revised by the Government Resolution dated 3rd September 1991. The Sugar factories were directed to pay the revised pay scale by a communication dated 25th October 1991 issued by the Director of Sugar, State of Maharashtra. The pay scales were revised further by Government Resolution dated 30th December 2000. In addition, the Managing Directors were to be paid Dearness Allowance as payable to "Government officers of the equal pay scale". The Government’s decision was then : 3 : stayed by the issuance of a further Resolution on 14th August 2001. By another Resolution dated 28th August 2001, the Government vacated the stay and decided to implement the pay revision with effect from 1st January 2001 instead of 1st January 1996. A representation was made by the Petitioner to the Government on behalf of its members for withdrawing the Government Resolution dated 28th August 2001. Since the Government did not consider the representation of the Petitioner favourably, a Writ Petition was filed by the Petitioner being Writ Petition No.847 of 2002 for setting aside the order dated 28th August 2001. By an order dated 22nd February 2002, the said Writ Petition was disposed of by directing the Petitioner to make a fresh representation to Respondent No.1 for redressal of its grievance. Accordingly, a representation was submitted on 6th March 2002 by the Petitioner which has been decided on 4th June 2002 whereby the earlier decision of the Government to implement the revision in pay scales only from 1st January 2001 has been reiterated. Aggrieved by this decision, the Petitioner has filed the present Petition challenging the Government Resolution dated 28th August 2001 and the order dated 4th June 2002. 3. The pay scales fixed earlier by the Government Resolution dated 3rd September 1991 were revised by the Government Resolution of 30th December 2000. The : 4 : Government Resolution of 30th December 2000, does not in any manner stipulate that the revision in pay scale for the Managing Directors of the Co-operative Sugar Factories was as a result of the recommendations of the 5th Pay Commission. The revision was made applicable retrospectively from 1st January 1996. However, soon thereafter, i.e. by the Government Resolution dated 28th August 2001, it was decided to implement the revision in pay from 1st January 2001. By the communication of 4th June 2002, the Government has give adequate reasons for not implementing the revision in pay from 1st January 1996. The reasons mentioned are that most of the sugar factories are sick, some were closed and those which were facing financial crunch could not be run during the crushing season to the optimum capacity. Another reason is that the agriculturists were not being paid the price of sugar cane by these sugar factories nor could they afford to pay the Managing Directors the difference in the salary from 1st January 1996. It was, therefore, decided by the Government to implement the revision in pay only from 1st January 2001. 4. In our view, these reasons are adequate for not implementing the revision of pay scales from 1st January 1996. The decision of the Government cannot be considered as arbitrary or capricious. The impugned : 5 : order is not perverse. Therefore, the decision of the Government need not be interfered with under Articles 226 and 227 of the Constitution of India as it has been arrived at after hearing the Petitioner and considering the representation made by it on 6th March 2002. Writ Petition rejected. Rule discharged. No order as to costs. (V.G. PALSHIKAR, Ag.C.J.) (V.G. PALSHIKAR, Ag.C.J.) (V.G. PALSHIKAR, Ag.C.J.) (SMT.NISHITA MHATRE, J.) (SMT.NISHITA MHATRE, J.) (SMT.NISHITA MHATRE, J.)