Assistant Research Officers (AROs) of Rajendra Agricultural University (RAU) are University teachers within the meaning of the Rajendra Agricultural University Act 1971 and are entitled to the University Grants Commission's (UGC) new revised pay scales.

S.S.Sandhawalia and JJ.

1. Whether Assistant Research Officers are University teachers within the ambit pf Sec.2(25) and (26) of the Rajendra Agricultural University Act 1971 and the statutes and authoritative instructions framed and issued thereunder? If so, whether they are entitled to the University Grant Commissions new revised scales of pay for all University teachers of the Agricultural University? This is the twin question emerging from this difference of opinion between the learned Judges of the Division Bench necessitating its placing for an authoritative judgment by this Full Bench.

2. The matrix of facts, which is broadly common, may be noticed somewhat briefly for Kamla Kant Roy and Ors. V/s. The State of Bihar and Ors. C.W.J.C. No. 3622 of 1979. Admittedly there are four Faculties in the Rajendra Agricultural University (hereinafter referred to as "the University"). These are (a) Agriculture, (b) Veterinary Science, (c) Basic and Humanities, and (d) Home Science. Apart from posts equivalent to post of Professor and Associate Professor has been sanctioned for the University headquarters. The existing category of posts the these--Deans and Directors, Principals of Colleges and Directors of Research Institutes, Professors in Colleges and equivalent staff on research and extension side. Assistant Professors in Colleges and equivalent staff on research and extension side and Lecturers/Assistant Lecturers/Assistant Research Officers and equivalent staff on extension side,

3. The University Grants Commission formulated a scheme of revised scales of pay for the teachers of Agricultural Colleges and Universities after considering the matter in depth. Thereafter the Indian Council of Agricultural Research agreed to extend the benefit of the University Grants Commissions new revised scales of pay to all the University teachers subject to the conditions as mentioned in Annexure 1, dated the 18th of March, 1975. These include the conditions stipulated in Appendix IV thereto. By Annexure 2 dated the 11th of October, 1977, the State Government sanctioned the implementation of the new revised scales of pay in respect of the Rajendra Agricultural University and the Colleges under it. It is significant to notice that though for the first five years the extra financial burden was to be borne in the ratio of eighty per cent by the Commission and twenty per cent by the State, the whole of the same thereafter was to be shifted on the shoulders of the State Government.

4. However, despite the comprehensive decision aforesaid and the broad guidelines issued thereunder, the Syndicate of the University in its meeting held on the 7th of November, 1977. took a decision to reorganise the staff pattern and to have only four categories of University teachers. These were (1) Deans/Directors/other equivalent posts, (2) Associate Deans/Professors/other posts of equivalent rank, (3) Associate Professors and other posts of equivalent rank and (4) Assistant Professors and other posts of equivalent rank. A further sub-division into two was made of the last category also. Though at the time of taking this decision there were admittedly 859 posts of various designations under the category of University teachers as defined in the Act yet it was decided to reduce the strength of teaching posts substantially from 859 to 560. The remaining nearly 300 posts were decided to be continued till the incumbents thereof were shifted elsewhere whereafter these posts would be treated to have automatically ceased to exist. In relation to this vanishing cadre, the University wrote to the State Government to grant its approval to an altogether new scale of Rs. 500-900/-.

5. For the purpose of granting of the upgraded scale of pay recommended by the U.G.C. to persons already holding such or corresponding posts, the Syndicate decided that a Screening Committee be formed to determine afresh the eligibility of such persons on the basis of their academic and service