JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 226 of the Constitution of India is filed by the petitioner seeking direction to quash and set aside the order dated 27.03.2008 passed by the respondent No. 2 and further directed the respondents to grant UGC payscale of Rs.8000/- to RS.13,500/- to the petitioner from the date of his absorption on 01.01.2009 and also to treat the petitioner to have superannuated upon attaining the age of 60 years instead of 58 years and consequently revise the pensionary benefits with interest at the rate of 12% interest.

2. It is the case of the petitioner that the petitioner who was employee in the Government service and the department in which the petitioner was working was merged with the respondent No. 2 university and as the petitioner was having the qualification equivalent to the qualification of the teaching staff, he claimed to be entitled to the same pay-scale approved by the UGC and also to get all the benefits including enhanced date of retirement. The basis of the claim of the petitioner is that the petitioner was having the same qualification and has discharged the duty similar to that of the teaching staff which is given UGC scale.

3. Learned advocate appearing for the petitioner by drawing attention of this Court at Annexure-A submitted that Mundra Fisheries Farm which was Department of Fisheries was converted into a part of agricultural university and the petitioner has given an option where the petitioner was given the post of Assistant Research Officer, (permanent) on the payscale of Rs.6500 to Rs.10,500/-.

4. Learned advocate then drew attention of this Court to Annexure-C to submit that as per the office order, option was to be exercised whether to continue with the Fisheries Department or to attach with Gujarat Government University. Accordingly, the petitioner exercising such option was placed under the Gujarat Agriculture University as Assistant Research Officer.

4.1 Learned advocate submitted that the Agriculture University had meeting on 20.08.1999 by the Board of Governor and had taken decision to send the proposal for redesignation of the posts in the agriculture university. He also drew attention of this Court to the recommendation by the Vice Chancellor to the Secretary with regards to the decision of Board of Governor for re-designation. According to the proposal, appropriate re-designation for the purpose of the petitioner i.e. Assistant Research Officer in the pay-scale of Rs.6500/- to 10500/- was to be re-designated in the university as Assistant Research Officer teaching with the pay-scale of Rs.8,000/- to Rs.13,500/-. It is the case of the petitioner that this recommendation was required to be accepted and benefit accordingly to be given to the petitioner by treating him to be a teaching staff. Learned advocate has submitted that by considering such claim this Court on 21.11.2006 has passed an order in Special Civil Application No. 23768 of 2006 for making representation and to consider the case of the petitioner. Learned advocate has thereafter, referred to the communication dated 13.11.2007 by the Indian Council of Agricultural Research to submit that in view of this communication, the case of the petitioner deserves to be considered favourably.

5. As against this, learned advocate appearing for the respondent opposing the petition by relying upon the affidavit-in-reply on behalf of respondent No. 2-University submitted that the post of Assistant Research Officer/Fisheries Superintendent was re-designated as Assistant Research Scientist in upgraded pay-scale of Rs.8000-13500. Thereafter Respondent No. 2 University sent its recommendations to the State Government for its approval, but, the Respondent No. 1 State Government has not approved the said re-designation and pay-scales as per recommendations of the University. It is relevant to point out that similar qualification and activities do not give rights to the petitioner to claim the UGC pay-scale of Rs.