Judgment

Mrs. Sujata V. Manohar, J.-Civil Appeal No. 3751 of 1996 has been filed by the G.B. Pant University of Agricultural and Technology, Pant Nagar, in the State of U.P. against the judgment and order of the Allahabad High Court under which Research Assistants working in the appellant-University have been declared as entitled to payment of salary in the pay-scale of Rs. 700-1600 and the subsequently revised pay-scale of Rs. 2200-4000 from the date from which the said pay-scales have been given to the Research Assistants of two other agri­cultural universities in the State, namely, Narendra Deva University of Agriculture and Techno­logy, Faizabad and Chandrashekhar Azad Uni­versity of Agriculture and Technology, Kanpur. Civil Appeal No. 6724 of 1996 is an appeal filed by the State of U.P. against the same judgment and order of the Allahabad High Court while Civil Appeal No. 3752 of 1996 is filed by the Association of Teachers in the G.B. Pant University of Agriculture and Technology against the same judgment and order of the Allahabad High Court.

2. In the appellant-university there are two cadres in the research wing. There is a cadre of Research Assistants and there is cadre of Senior Research Assistants. Prior to 1.4.1978 the minimum qualifica­tion prescribed for a Research Assistant was a B.Sc. degree while the minimum qualification prescribed for a Senior Research Assistant was an M.Sc. degree. The scale of pay of Research Assistants was Rs. 350-700. With effect from 1.4.1978 the pay-scale of Research Assistants was revised to Rs. 500-900. The pay-scale of Rs. 700-1600 which was given to Senior Research Assistants has been revised with effect from 1.1.1986 to Rs. 2200-4000.

3. It seems that the Research Assistants of the appellant-university agitated for the pay-scale of Rs. 700-1600 instead of their pay-scale of Rs. 500-900 and they also claimed the revised pay-scale of Rs. 2200-4000 from 1.1.1986. Apparently the pay-scale of Rs. 700-1600 was claimed because as per the recommendations of the University Grants Commission, the minimum pay-scale for teachers was Rs. 700-1600. In respect of the agricultural universities which come under the Indian Council of Agricultural Research, the said council had, by its circu­lar of 4.7.1977, informed the agricultural universities that assist­ance from the Indian Council of Agricultural Research would be avail­able to all academic, research and extension staff who are recognised as teachers under the universities’ statutes. The Research Assistants in the appellant-university were, however, not recognised as teachers under the statues of the appellant-university. Therefore, they were not given the UGC pay-scale of Rs. 700-1600.

4. The Research Assistants of the appellant-university carried on an agitation and went on strike for being given the pay-scale of Rs. 700-1600, later revised from 1.1.1986 to Rs. 2200-4000. It is the case of the appellant-university that giving in to this agitation, the Board of Management of the appellant-university at its meeting held on 12.12.1989 declared the Research Assistants as teachers and resolved that they should be sanctioned the pay-scale of Rs. 700-1600 with effect from 1.4.1978, later revised to Rs. 2200-4000 on the date as fixed by the Indian Council of Agricultural Research. The resolution further provided that this pay-scale would be available only to those who possess an M.Sc. degree and that the pay-scales would be admissi­ble from the date from which the prescribed qualification of an M.Sc. degree was obtained. The actual payment, however, in the said pay-scales would be from 1.12.1989 after fixing the salary notionally in the said pay-scales from 1.4.1978. The resolution further noted that the salary for the strike period shall not be paid and the period would be adjusted as specified in the resolution.

5. The resolution has further noted the Joint Secretary, Agriculture’s opinion that payment should be made only after the issue of Governm