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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 -------- 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.