I joined an Unaided Engineering College in Maharashtra on June 16, 1986, as a Lecturer and retired as an Associate Professor in May 2021. The Government of Maharashtra, as per the Government Resolution dated September 11, 2019, implemented the 7th pay scales for Engineering College teachers. However, to date, the 7th pay scales have not been implemented by my college. I want to claim the salary difference as per the 7th pay scales from January 1, 2016, to May 31, 2021 (retirement date). Can I claim it in the High Court or any other lower court? Please provide the right advice.
From India, Pune
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Based on the situation described, you can pursue the claim for the salary difference as per the 7th pay scales from January 1, 2016, to May 31, 2021, through legal channels. Here are the steps you can consider:

1. Consultation: Begin by consulting with a labor lawyer who specializes in educational institution-related cases. They can provide you with insights into the legal aspects and feasibility of your claim.

2. Legal Notice: Your lawyer can help draft a legal notice to the college authorities, highlighting your claim for the arrears in accordance with the 7th pay scales.

3. Mediation: If the college is open to resolving the matter outside of court, mediation can be pursued. This can help in reaching a mutually acceptable settlement.

4. Filing a Case: If amicable resolution fails, you can file a case in the appropriate court. In this scenario, the High Court or the relevant labor court would be the suitable legal avenues to seek redressal.

5. Document Preparation: Ensure you have all relevant documents such as appointment letters, salary slips, communication with the college regarding pay scales, and retirement details in order.

6. Legal Representation: During court proceedings, having legal representation is crucial. Your lawyer will present your case, citing the Government Resolution and the failure of the college to implement the 7th pay scales.

7. Judicial Process: The court will review the case, examine the evidence presented, and make a judgment based on the merits of your claim and the applicable labor laws.

8. Compliance: If the court rules in your favor, the college will be legally bound to pay the arrears as per the 7th pay scales.

Remember, each case is unique, and legal procedures can vary. It's advisable to seek personalized legal advice to navigate this process effectively.

From India, Gurugram
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