Full Judgment Text
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PETITIONER:
VICE-CHANCELLOR, G.B.PANT UNIVERSITY OF AGRICULTURE AND
Vs.
RESPONDENT:
DR. KEWALA NAND & ORS.
DATE OF JUDGMENT: 10/09/1998
BENCH:
SUJATA V. MANOHAR, G.B. PATTANAIK.
ACT:
HEADNOTE:
JUDGMENT:
JUDGMENT
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Mrs. Sujata V. Monohar. J.
-------------------------
Civil Appeal No. 3751 of 1996 has been filed by the
G.B. Pant University of Agriculture and Technology, Pant
Nagar, in the State of U.P. against the judgment and order
of the Allahabad High Court under which Research Assistants
working in the appellant-university have been declared as
entitled to payment of salary in the payscale of Rs.
700-1600 and the subsequently revised pay-scale of Rs.
2200-4000 from the date from which the said pay-scales have
been given to the Research Assistants of two other
agricultural universities in the State, namely Narendra Deva
University of Agriculture and Technology, Faizabad and
Chandrashekhar Azad University of Agriculture and
Technology, Kanpur. Civil Appeal No. 6724 of 1996 is an
appeal filed by the State of U.P. against the same judgment
and order of the Allahabad High Court while civil Appeal No.
3752 of 1996 is filed by the Association of Teachers in the
G.B. Pant University of Agriculture and Technology against
the same judgment and order of the Allahabad High Court.
In the appellant-university there are two cadres in
the research wing. There is a cadre of Research Assistants
and there is cadre of Senior Research Assistants. Prior to
1.4.1978 the minimum qualification prescribed for a Research
Assistant was a B.Sc. degree while the minimum
qualification prescribed for a Senior Research Assistant was
an M.Sc. degree. The scale of pay of Research Assistant was
Rs. 350-700. with effect from 1.4.1978 the pay-scale of
research Assistants was revised to Rs. 500-900. The
pay-scale of Rs. 700-1600 which was given to Senior research
Assistants has been revised with effect from 1.1.1986 to Rs.
2200-4000.
It seems that the Research Assistants of the
appellant-university agitated for the pay-scale of Rs.
700-1600 instead of their pay-scale of Rs. 2200-4000 from
1.1.1986. Apparently the pay-scale of Rs. 700-1600 was
claimed because as per the recommendations of the
University Grants Commission, the minimum pay-scale for
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teachers was Rs. 700-1600. In respect of the agricultural
universities which come under the Indian Council of
Agricultural Research, the said council had, by its circular
of 4.7.1977, informed the agricultural universities that
assistance from the Indian Council of Agricultural Research
would be available to all academic, research and extension
staff who are recongnised as teachers under the
universities, statutes. The Research Assistants in the
appellant-university were, however, not recognised as
teachers under the statues of the appellant-university.
Therefore, they were not given the U.G.C. pay-scale of Rs.
700-1600.
The Research Assistants of the appellant-university
carried on an agitation and went or strike for being given
the pay-scale of Rs. 700-1600, later revised from 1.1.1986
to Rs. 2200-4000. It is the case of the
appellant-university that giving in to this agitation the
Board of Management of the appellant-university at its
meeting held on 12.12.1989 declared the Research Assistants
as teachers and resolved that they should be sanctioned the
pay-scale of Rs. 700-1600 with effect from 1.4.1978, later
revised to Rs. 2200-4000 on the date as fixed by the Indian
Council of Agricultural Research. The resolution further
provided that this pay-scale would be available only to
those who possess an M.Sc. degree and that the pay-scales
would be admissible from the date from which the prescribed
qualification of an M.Sc degree was obtained. The actual
payment, however, in the said pay-scales would be from
1.12.1989 after fixing the salary notionally in the said
pay-scales from 1.4.1978. The resolution further noted that
the salary for the strike period shall not be paid and the
period would be adjusted as specified in the resolution.
The resolution has further noted the joint
Secretary, Agriculture’s opinion that payment should be made
only after the issue of Government Orders. This note is on
account of the statutes of the University framed under
Section 28(r) of the U.P. Act 45 of 1958. Under the
Statutes which have been framed by the appellant-university,
Clause 3(a) of Chapter 25 provides for emoluments of the
academic staff. It provides that the emoluments of the
academic staff shall be such as may be approved by the Board
of Management on the basis of the recommendations of the
University Grants Commission provided that no grants to meet
any portion of the emoluments shall be admissible from the
State Government unless their prior written approval to the
proposed emoluments is obtained by the vice chancellor and
placed before the Board. The appellant-university,
therefore, required prior approval of the State Government
for granting the above emoluments to the Research Assistants
after declaring them as teachers and, therefore, a part of
the academic staff, in order to be eligible for a grant for
this purpose from the State Government.
Pursuant to the Board resolution of 12.12.1989, an
order was issued by the university through the office of the
Chief Personnel Officer dated 16.12.1989. Clause (1)(ka) of
the order stated that all those Research Assistants who were
appointed on regular field or its equivalent, are sanctioned
the benefit of the pay-scale of Rs. 700-1600/2200-4000 on
the conditions prescribed in the order and in anticipation
of the sanction of the State Government. The arrears would
be payable on receipt of the required contribution grant
from the Indian Council of Agricultural Research/State
Government. The order expressly stated that it was purely
provisional and was being implemented in anticipation of the
sanction of the State Government. It also stated that
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whatever were the final orders received from the State
Government would be applied. Pursuant to this order the
Research Assistants were paid the new pay-scales from
December 1989 to March 1990. On 25.4.1990 the university
issued an order staying the resolution of 12.12.1989
including the declaration that Research Assistants were
teachers.
The appellant-university received a letter from the
State Government dated 23.12.1990 conveying to the
university that thee Government’s sanction could not be
accorded to the grant of U.G.C. pay-scale of Rs.
700-1600/2200-4000 to Research Assistants. Sanction was also
not accorded to the declaration of Research Assistants as
teachers. However, by a letter dated 7.3.1991 addressed to
the Vice Chancellor of the appellant-university the State
Government conveyed to the appellant-university the sanction
of the State Government to the revision of pay-scale of
Research Assistants in the following manner:-
(1)Rs. 500-900 upto 31.12.1985;
(2)Rs. 1740-3000 w.e.f. 1.1.1986 to 11.12.1989; and
(3)the pay-scale of Rs. 2200-400 w.e.f. 12.12.1989 to
the Research Assistants, Technical Assistants and Extension
Assistants of the appellant-university who possessed the
academic qualification of M.Sc. with a minimum of second
class as prescribed by the U.G.C. and the Indian Council of
Agricultural Research.
The letter further stated that this benefit would be
available to all such incumbents who were in position on
1.4.1978 or earlier, We are not concerned with the other
terms and conditions of that order.
Since pay-scales as per the order of the university
dated 16.12.1989 were discontinued after March 1990 the
Research Assistants filed a writ petition in May 1990 before
the Allahabad High Court claiming the pay-scales of Rs.
700-1600/2200-4000. The High Court by the impugned order
has allowed these pay-scales mainly on the ground that such
pay-scales had been made available to the Research
Assistants in the other two agricultural universities in the
State, namely, the said university at Kanpur and the said
university at Faizabad.
The appellants have pointed out that the High Court
assumption that Research Assistant in the other two
universities are given the said higher pay-scales or that
they are occupying a position comparable to the position of
Research Assistants in the appellant-university, is
unwarranted. In the appellant-university there are two
separate cadres of Research Assistants and Senior Research
Assistants. The minimum qualification for the former is
B.Sc. degree in agriculture and other allied subjects while
the minimum qualification for the latter is an M.Sc. degree
in agriculture or other allied subjects. The pay-scales of
the two cadres are also different. It is the cadre of the
Senior Research Assistants who possess an M.Sc. degree,
that is given the pay-scale of Rs. 700-1600 which later
became Rs. 2200-4000. The Research Assistants are required
to possess only a B.Sc. degree and they were given the
pay-scale of Rs. 500-900. It has been later increased to
the pay-scale of Rs. 1740-3000 with effect from 1.1.1986
for those who possess an M.Sc. qualification, and Rs.
2200-4000 with effect from 12.12.1989 to those who possess
an M.Sc. qualification. The respondents want the pay-scale
of Rs. 2200-400 and its earlier corresponding scale of Rs.
700-1600 from 1.4.1978 on the basis that the Research
Assistants in the other two agricultural universities get
it. However, from the documents on record, it appears that
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the position of Research Assistants in the Kanpur and
Faizabad Universities is not comparable to the position of
Research Assistants in the appellant-university.
Both in Kanpur and Faizabad Universities, the
persons who were in the subordinate agricultural service of
the State Government in Groups I, II and III were
transferred and absorbed in the said two universities. In
the subordinate agricultural service, out of the three
Groups, Groups I and II require a minimum qualification of
B.Sc. in agriculture while Group III requires a minimum
qualification of an intermediate in agriculture. The old
pay-scales for Groups II and III were Rs. 280-460 and Rs.
230-385 respectively. Persons belonging to Groups II and
III when absorbed as Research Assistants in the Kanpur
Agricultural University were, if they possessed a B.Sc.
degree, designated as Research Assistants and were given the
pay-scale of Rs. 500-850 which was later changed to Rs.
500-900 which is the same pay-scale given to Research
Assistants in the appellant-university. In respect of those
formerly belonging to Group I drawing a salary in the
pay-scale of Rs. 350-700, if they possessed an M.Sc.
degree, they were given the pay-scale of Rs. 700-1600 in
the Kanpur Agricultural University. There were also certain
Senior Research Assistants who were in the Government
Service drawing a pay-scale of Rs. 350-700 like persons in
Group I. These were also given the pay-scale of Rs.
700-1600, if they possessed an M.Sc. degree. [
In fact, the Research Assistants in Kanpur
University had filed a writ petition claiming that they
should also be given the pay-scale of Rs.
700-1600/2200-4000. The Allahabad High Court, by its order
dated 11.8.1995 has directed the State Government to
reconsider their representation. Therefore, the position of
Research Assistants in the Agricultural University at kanpur
is not comparable to the position of Research Assistants in
the appellent-university.
In the Agricultural University at Faizabad also
persons belonging to subordinate agriculture service in the
State were transferred and absorbed in the said university.
Those who were in Group II and III of the subordinate
agriculture service drawing old pay of Rs. 280-460 and Rs.
230-385, were absorbed as Research Assistants in[ the U.G.C.
pay-scale of Rs. 500-900, if they possessed a B.Sc. in
agriculture. There were also some posts of Senior Research
Assistants in the pay-scale of Rs. 350-700. These persons
were given the pay-scale of Rs. 700-1600. In the
Agricultural University at Faizabad also there were no two
separate cadres of Research Assistants and Senior Research
Assistants with their own qualifications and pay.
Therefore, the High Court has proceeded on a wrong
assumption that all Research Assistants in the other
universities were given from inception the pay-scale of Rs.
700-1600. In the other two universities, there was no
separate cadre of Senior Research Assistants. Therefore,
those possessing an M.Sc. degree were given a higher
pay-scale as set out above. Those possessing a B.Sc.
degree were given the pay-scale of Rs. 500-900 which was
also the pay-scale of Research Assistants in the appellant
University at the relevant time. When there are two
separate cadres of Research Assistants and Senior Research
Assistants, the pay of the two cannot be directed to be
identical when separate minimum qualifications are
prescribed and there is a separate selection for these two
cadres. Nevertheless, the Research Assistants in the
appellant-university have, in fact, been given, with the
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approval of the Government, the same pay-scale as Senior
Research Assistants with effect from 12.12.1989 if they
possess an M.Sc. degree after they were declared as
teachers. There is no legal basis for the claim of the
Research Assistants for the same pay-scale for the period
1.4.1978 to 12.12.1989.
The State of U.P. in C.A. No. 6724 of 1996 has
supported the stand of the appellant-university. The State
has pointed out that no retrospective operation can be given
to the declaration of Research Assistants as teachers for
the purpose of pay-scales without the approval of the State
Government. The University had also stayed the declarations
till the orders of the State Government. Therefore, the
State Government has given a prospective application to the
declaration by granting to the Research Assistants the
pay-scale of Rs. 2200-4000, if they possess an M.Sc.
degree, with effect from 12.12.1989, the date of
declaration.
The third Civil Appeal No. 3752 of 1996 is filed by
Professors, Junior and Senior Research Officers and
Subject-matter Specialists who form a part of the teaching
staff of the appellant-university because they apprehended
that by reason of the said impugned judgment of the
Allahabad High Court research Assistants would get seniority
over the teaching staff of the appellant-university and
would claim benefit of various allowances, accommodation
etc. on the basis of that seniority. The State Government,
however, even while granting U.G.C. scale of Rs. 700-1600 to
Senior Research Assistants with effect from 1.4.1978, has by
its G.O. of 6.6.1981 made it clear that Senior Research
Assistants, even if they get the pay-scale of Rs. 700-1600
with effect from 1.4.1978 will not rank as Senior to
Assistant Professors, Junior and Research Officers appointed
prior to 1.4.1978. The university has also stated that
Research Assistants will not rank above Assistant Professors
etc. in seniority for allotment of housing and other
benefits even if some of them draw a higher salary, because
they belong to a separate cadre. Since we are setting aside
the impugned judgment of the Allahabad High Court the
seniority of the teaching staff of the appellant-university
consisting of Assistant Professors etc. is not affected in
any manner.
In the premises, the appeals are allowed and the
impugned judgment and order of the Allahabad High Court is
set aside and the writ petition before the Allahabad High
Court is dismissed. There will, however, be no order as to
costs.