Autonomous institutions receiving public funding must adhere to the principles of equality in pay, ensuring parity for similar job roles under constitutional mandates.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants had filed two separate writ petitions before the Hon’ble High Court of Jammu & Kashmir at Jammu, bearing SWP No. 221/2017 titled Mohd. Manaz & Others V/s Baba Ghulam Shah Badshah University, Rajouri & Others, and SWP No. 631/2017 titled Shahzad Ahmed & Others V/s Baba Ghulam Shah Badshah University, Rajouri & Others, based on substantially similar facts and grounds in both the petitions, the applicants have sought the following relief:

a) To allow the present petition and quash communication bearing No. BGSBU/Estab/16/6605 dated 23-12-2016.

b) To quash order No. BGSBU/Reg/16/1075-99 dated 13-02-2016 passed by respondent no. 1 to the extent, it revises the pay scale of petitioners from 5200-20200 with GP of Rs 2800 to pay band of 9300-34800 with GP of Rs 4200 w.e.f date of completion of five years of service instead of revising the same w.e.f date of initial appointment of petitioners as laboratory technicians and also to quash the aforesaid order to the extent it provides that the petitioners shall be eligible for re- designation under Carrer Advance Scheme without any financial implications.

c) Command and direct respondents to release and pay the grade of Rs 5000-8000 (pre-revised to revised pay scale 9300-34800 with GP of 4200 w.e.f from initial appointments of petitioners as laboratory technicians, besides prayed for any other relief which this Hon’ble Court deemed fit and proper in circumstances of the case.

2. Since the facts pleaded in both the petitions are substantially similar and the reliefs claimed are identical, we propose to dispose of both petitions jointly through this common judgment and order.

3. The facts of the case as averred by the petitioners in their pleadings are as follows: -

a) The Baba Ghulam Shah Badshah University was created and constituted under an Act No. XVI of 2002 and being a creation of statute called Jammu and Kashmir Baba Ghulam Shah Badshah University Act , 2002 is a State and is amenable to writ jurisdiction of Hon’ble High Court under article 226 of constitution of India read with Section 103 of Jammu and Kashmir Constitution.

b) The erstwhile State of Jammu and Kashmir in exercise of powers under Section 124 of Constitution of Jammu and Kashmir, framed Jammu and Kashmir Civil Services (Revised Pay) Rules 2009, which came into force retrospectively w.e.f 1^st of January 2006 and under these rules the pay scale of Rs.3050-4590 was revised to pay scale of Rs.5200-20200 with GP of Rs. 1900, and the pay scale of Rs. 4500-7000 was revised to pay scale of Rs.5200-20200 with GP of Rs.2800, and pay scale of Rs.5000-8000 was revised to pay scale of Rs. 9300- 34800 with GP of Rs.4200.

c) The post of Laboratory Technician in Higher Education Department in Jammu and Kashmir have the pay scale of Rs.5600-9100 and Rs.5000-8000 for Senior Laboratory Technician and Junior Laboratory Technician respectively and as per the Jammu & Kashmir Higher Education (Subordinate) Service Rules 2009, for which requisite qualification for the post of Junior Laboratory Technician is diploma in appropriate discipline i.e Electronics / Electrical /Mechanical / Civil / Computer Engineering with five years experience and the post of Laboratory Technician in University of Jammu carries pay band of Rs.9300-34800 with GP of Rs.4600.

d) Till date the statutes prescribing the pay scales and conditions of service for the employees of the University have not been framed. Chapter-IX of the Baba Ghulam Shah Badshah University Act , 2002, provides