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2002 Supreme(AP) 1127
Andhra Pradesh High Court
Judges : DUBAGUNTA SUBRAHMANYAM, S.R.NAYAK
D.J.Prasad - Appellant
Versus
Registrar, Sn Krishnadevaraya University, Anantapur - Respondent
Decided On : 09-24-02
Headnote:
Civil Matter – Civil Suit – Constitution of India - Article 14 - Vice-Chancellors of various Universities represented to Government for assigning pay scales mentioned in schedule II appended to G. O. Ms to non- teaching staff of Universities - Petitioners who belong to non-teaching technical staff also made similar representation to Government stating that pay scales as mentioned in G. O. Ms. do not cover non-teaching technical staff and, therefore, requesting State Government to evolve appropriate pay structures in order to implement revised pay scales with effect to them also - Led to government of Andhra Pradesh examining whole issue and having done it, it issued g. O. Ms (Finance and Planning) (FW PRC-I) Department, modifying pay scales to common categories and also to categories which are having comparable posts in government - In respect of categories which do not have comparable posts in Government service, mater was referred to a committee headed by who examined remaining posts and suggested suitable pay scales to various categories duly taking into account qualifications, nature of duties, qualifications prescribed for feeder and promotional posts, etc. , and accordingly orders were issued in G. O. Ms - It appears that pending submission of report by committee headed by government issued G. O. Ms. directing that above categories shall continue to draw pay scales corresponding to one in schedule I appended to G. O. Ms it is admitted position that in pursuance of said Government order i. e. , G. O. Ms petitioners are allowed to draw scales corresponding to scales in Schedule I - Committee headed by submitted its report in year - Contended that though Article 14 does not prohibit reasonable classification there is absolutely no ground whatsoever to make a reasonable classification between members belonging to non-teaching technical staff and members belonging to other non- teaching staff. - In other words, according to members of both non-teaching technical staff and other non-teaching staff constitute a well defined class and, therefore, they should be treated alike in matter of extending new pay scales – Held,Court says that do not agree with submission of learned Government pleader for Higher Education - Where an applicant makes out a case of invidious discrimination, it would not lie in mouth of State or State authorities or instrumentalities of State that they could still be permitted to practice invidious discrimination on ground of extra financial burden that may be placed on them - It is true that in matter of fixation of wages, particularly fair and living wages, capacity of employer to pay, whether State or private, would be a relevant consideration - Court are not called upon to decide such a question in instant writ appeal - If appellants are entitled to be treated on par with other employees of University by virtue of postulates of Article 14, it cannot be a valid answer of University to contend that if they were not to practice invidious discrimination, greater financial liability would be placed on it - Likes should be treated alike is a constitutional creed flowing from Article 14 of constitution of India and Government is not justified in treating non-teaching technical staff differently - A case is made out for our interference - Conclusion allow writ appeal, set aside order of learned single Judge and allow writ petition with no order as to costs - Writ of mandamus shall issue to respondents to implement revised pay scale with effect on par with other employees in case of members of non-teaching technical staff also - Relief should be extended not only to appellants but also to all similarly circumstanced members of non-teaching technical staff of university - Six week time is granted to implement order – Appeal Allowed.
( 1 ) A short question that arises for the decision in this writ appeal is whether the members of the non- teaching technical staff of Sri krishnadevaraya University are entitled to the revised pay scales with effect from 1-7-1986 as has been done by the University itself in the case of all other employees or they are entitled to the revised pay scales only with effect from 1-4-1990 as has been fixed in G. O. Ms. No. 287 (Finance and planning) Department, dated 3-12-1991. This question arises in the following factual background:
( 2 ) THE petitioners 21 in number are the non-teaching technical staff working in the 1st respondent-University. They filed writ petition No. 2116 of 1996 assailing the validity of G. O. Ms. No. 287 extending the revised pay scales to the non-teaching technical staff only with effect from 1-4-1990. In the year 1986, the State Government had issued orders in G. O. Ms. No. 288 (Finance and Planning) Department, dated 17-11-1986, revising pay scales of its employees with effect from 1-7-1986. Subsequently the non- teaching staff working in various Universities represented to the State Government for extension of revised pay scales, 1986 to them also. The Government of Andhra pradesh, upon consideration of the representations, decided to extend the pay scales as mentioned in schedule I appended to G. O. Ms. No. 288, dated 17-11-1986 to the non-teaching staff of the Universities also with effect from 1-7-1986 and accordingly it issued G. O. Ms. No. 25 (Finance and Planning) Department, dated 11-2-1988.
( 3 ) AFTER the above event, the Vice-Chancellors of various Universities represented to the Government for assigning the pay scales mentioned in schedule II appended to G. O. Ms. No. 288 to the non- teaching staff of the Universities. The petitioners who belong to the non-teaching technical staff also made similar representation to the Government stating that the pay scales as mentioned in G. O. Ms. No. 25, dated 11-2-1988 do not cover the non-teaching technical staff and, therefore, requesting the State Government to evolve appropriate pay structures in order to implement the revised pay scales with effect from 1-7-1986 to them also. This led to the government of Andhra Pradesh examining the whole issue and having done it, it issued g. O. Ms. No. 78 (Finance and Planning) (FW PRC-I) Department, dated 30-3-1988 modifying the pay scales to the common categories and also to the categories which are having comparable posts in the government. In respect of the categories which do not have comparable posts in the Government service, the mater was referred to a committee headed by Sri T. Navaneetha Rao who examined the remaining posts and suggested suitable pay scales to the various categories duly taking into account the qualifications, nature of duties, qualifications prescribed for the feeder and promotional posts, etc. , and accordingly t orders were issued in G. O. Ms. No. 79, dated 30-3-1988. It appears that pending submission of the report by the committee headed by Sri T. Navaneetha Rao, the government issued G. O. Ms. No. 78, dated 30-3-1988 directing that the above categories shall continue to draw pay scales corresponding to the one in schedule I appended to G. O. Ms. No. 288, it is admitted position that in pursuance of the said Government order i. e. , G. O. Ms. No. 78 the petitioners are allowed to draw scales corresponding to the scales in Schedule I. The committee headed by Sri T. Navaneetha rao submitted its report in the year 1991.
( 4 ) THE Government, after examining the recommendation of the said committee, decided to implement the same and accordingly issued G. O. Ms. No. 287, dated 3-12-1991 revising the pay scales of all those new categories. Including the category of non-teaching technical staff with, effect from 1-4-1990. The petitioners being aggrieved by the said Government order filed writ petition No. 2116 of 1996 for mandamus, declaring that they are also entitled to
