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2002 Supreme(Raj) 1447

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sunil Kumar Garg, J.
Dr. Zabar Singh Solanki And Ors. - Appellant
Versus
State Of Rajasthan And Anr. - Respondent
S.B. Civil Writ Petition Nos. 1071 and 2636 of 1991.
Decided On : 12-04-2002

Advocates:
For the Petitioner:M. Mridul, Sr. Advocate with Pushpendra Rathore, Advocate.
For the Respondent No. 2:M.S. Singhvi, Advocate.
For the Respondent No. 1: Ravi Bhansali, Panel Lawyer.
For the Respondent: M.P. Bishnoi, Asstt. G.A.

Headnote:

A. Constitution of India, 1950, Article 226 - Rajasthan Universities Teacher and officers (Selection for Appointment) Act, 1974 - as per career advancement scheme senior scale was counted-it was observed that the period for seniority must be counted from the date of re-designation date of their regular Selection as Assistant professor.

B. Rajasthan Universities Teachers and Officers (Selection for Appointment) Act, 1974 - the applicability of the cat was in dispute-the act held no application in the instant case.

C. Constitution of India, 1950, Article 226 - under article 226 the HC has power of writ, (i)for enforcement of fundamental rights (ii) for enforcement of non-fundamental rights, but in the latter writ can be issue only after preliminary finding- High court Under Article 226 has also the power to give consequential relief.

JUDGMENT

1. - Both the writ petitions mentioned above are being decided by this common order as in both of them matter in dispute is the same.

2. S.B. Civil Writ Petition No. 1071/1991This writ petition was initially filed by the Rajasthan Agriculture University Assistant Professors Association through its Secretary Zabar Singh Solanki, but later on, 54 petitioners were added as individual party and thus, this writ petition was treated to be filed by the petitioners against the respondents. It was stated in the writ petition that the petitioners are Assistant Professors in the respondent No. 2 Rajasthan Agriculture University, Bikaner (hereinafter referred to as "the Agriculture University") constituted under Rajasthan Agriculture University Ordinance later-on replaced by Rajasthan Agriculture University, Bikaner Act, 1987 (hereinafter referred to as "the Act of, 1987").The petitioners were initially appointed as Research Assistants in the erstwhile University of Udaipur, later on, renamed as Mohan Lal Sukhadia University and they were appointed after selection by a duly constituted statutory Selection Committee of the Mohan Lal Sukhadia University in the UGC Pay Scale of Rs. 300- 600 prevailing at that time. The University of Udaipur proceeded to designate Research Assistants as Lecturers and this was purported to have been done on account of amendment made in statute 47(i) whereby the term "Junior Lecturer" was substituted by the term "Lecturer" and a copy of that Notification dated 7.9.1997 is marked as Annexure-1A to the writ petition. Thus, the petitioners were appointed as Assistant Professors and they are getting emoluments in the pay scale Rs. 2200-4000, which is again UGC pay scale.Later-on, anomalies developed in the cadre structure of the University Teachers (between persons appointed as Research Assistants and Assistant Professors appointed directly); on the enforcement of University Grants Commission (UGC) Pay Scale and, therefore, the Board of Management considered the matter of resolving the anomalies in its meeting held on 24.11.1988 and the Board of Management resolved to give revised UGC pay scale of Rs. 2200-4000 to the Lecturers and Research Assistants and the Board of Management further resolved that such, of Junior Lecturers and Research Assistants, who were later on designated as Lecturers and then as Assistant Professors shall be placed in the seniority down below those who were appointed as Assistant Professors directly in the very first instant and that was done with a view to bring uniformity in the cadre structure so as to bring the same at par with other Universities. The Board of Management further resolved to designate Research Assistants and Lecturers as Assistant Professors. The photostat copy of the minutes of the meeting of the Board of Management held on 24.11.1988 is marked as Annex.3 to the writ petition.Thereafter, in pursuance of the resolution of the Board of Management dated 24.11.1988 (Annex.3 to the writ petition), the respondent No. 2- Agriculture University passed an order dated 4/6.5.1989 (Annex.4 to the writ petition) notifying the designation of Lecturers and Research Assistants as Assistant Professors with effect from 1.1.1973 or from the date of their joining, whichever is later. However, it was made clear that the persons duly selected as Assistant Professors will rank senior to the Lecturers/Research Assistants.Later on, a new set of pay scales was devised with a new set of policy for the purpose of teaching staff in the Universities and that resulted in a lot of conflict among the teachers of the Universities and Colleges and some teachers of the Universities and Colleges went on strike. Thereafter, the Government of India, in agreement with the agitating teachers of the Universities and Colleges, decided to make revision of pay scales of the teachers of the Universities and Colleges and other measures for maintenance of standards in Higher Education, which have been notifie




























































































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