2004 Supreme(Guj) 811
Gujarat High Court
Judgename :ANANT S.DAVE
N.M.PATEL - Appellant
Versus
GUJ AGRICULTURAL UNIVERSITY - Respondent
S.C.A.9993 of 1994
Decided On : 12/30/2004
Headnote:
Constitution of India – Article 226 – Petitioners, working with respondent no. 1-University, have filed this petition for an appropriate writ, order or declaration that they are entitled to UGC pay-scale of Professors and/or its equivalent post, with effect from the petitioners were appointed in Class I post as Professors or its equivalent post, and for a further direction to the respondents to fix salary of each of the petitioners on the basis of the UGC pay-scale available to them. By and large, the grievance of the petitioners is for parity of pay-scale on line with the UGC pay-scale given to other similarly situated persons by the University and, therefore, they have preferred this writ petition under article 226 of the Constitution of India –Held, SO far as the claim of pay parity with the professors of the University who were getting the pay-scale of Rs. 500-1250 as on 1st June 1972, is concerned, it was finally put to an end by the Division bench of this Court by its order dated 14th July 1993, rendered in Letters Patent Appeal No. 275 of 1993, confirming the order of the learned single Judge dated 30th December 1992 passed in Special Civil Application no. 1370 of 1981. The only avenue, which was kept open and for which the liberty was given to the petitioner, was to resort to an independent process – Petition is disposed.
( 1 ) THE petitioners, working with respondent no. 1-University, have filed this petition for an appropriate writ, order or declaration that they are entitled to UGC pay-scale of Professors and/or its equivalent post, with effect from the date, when, the petitioners were appointed in Class I post as Professors or its equivalent post, and for a further direction to the respondents to fix salary of each of the petitioners on the basis of the UGC pay-scale available to them. By and large, the grievance of the petitioners is for parity of pay-scale on line with the UGC pay-scale given to other similarly situated persons by the University and, therefore, they have preferred this writ petition under article 226 of the Constitution of India.
( 2 ) IT is the case of the petitioners that the respondent No. 1-University has 4 campuses situated at dantiwada, Junagadh, Anand and Navsari under the Director of Campus or Vice Chancellor and Section 3 of the Gujarat agriculture Universities Act, 1969 empowers the respondent-University to frame statues. 2. 1 on June 1, 1972, the respondent No. 1-University was brought into existence and, initially, there were three sources of recruitment of staff, namely, (i) from government servants who were working with the Department of Agriculture of the Government of Gujarat; (ii) the institute of Agriculture, Anand; and (iii) the School of agriculture, Aliabara. Accordingly, all the petitioners are in service of the respondent No. 1-University. 2. 2 it is the case of the petitioners that, except dr. R. D. Sheth and Dr. U. M. Damor, all the petitioners joined the service of the respondent no. 1-University with effect from June 1, 1972 as assistant Professors in the pay-scale of Rs. 350-850, and continued to be as such, till they were promoted, according to the petitioners, to Class I as Professors or equivalent posts. All the petitioners, except Dr. N. M. Patel, Dr. N. R. Patel, Dr. R. D. Sheth and Dr. U. M. Damor, were promoted as Professors or to the posts equivalent to the post of Professors which is a Class I post, on May 17, 1974. At that time, the relevant pay-scale for the said post was Rs. 500-1250. Dr. N. M. Patel was promoted on 19th June 1973 and Dr. N. R. Patel was promoted also a few delays before the said date. So far as Dr. Sheth and Dr. U. M. Damor are concerned, they were promoted in May 1974. The relevant data about the service record of the petitioners is produced at annexure "a" to the petition. 2. 3 by order dated 25/29. 9. 1975, the petitioners were given the UGC pay-scale of Rs. 700-1250 with effect from 1st June 1972, which was, subsequently, revised and fixed at Rs. 1200-1900 with effect from January 1, 1973. The said revision took place pursuant to Government resolution dated 21st February 1977, which was duly accepted and implemented by the respondent no. 1-Corporation. 2. 4 it is also to be noted that, after the promotions were made pursuant to the order dated 15th May 1974, an interview was held by the Selection Committee and, subsequently, the services of the petitioners came to be regularized by office order dated 3rd April 1978 and, therefore, according to the petitioners, for all purposes, they were working at the relevant point of time either as Professors or on equivalent post that of professor. 2. 5 by order dated 25/29. 9. 1975, dealing with the criteria for UGC pay-scales for the Gujarat Agriculture university Teachers, a policy decision was taken by the management and those persons who were working on the post of Professors or its equivalent post as on June 1, 1972 were to be paid in the pay-scale of Rs. 1100-1600, while the petitioners, on the said relevant date, were working as Assistant Professors and, therefore, the above pay-scale was not given to the petitioners. Thereafter, there was implementation of recommendations of Sen commission as regards UGC pay-scale and those recommendations were implemented with effect from January 1, 1973 as per An