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1995 DIGILAW 88 (CAL)

Golam Mustafa v. University of Burdwan

1995-03-20

GITESH RANJAN BHATTACHARJEE

body1995
JUDGMENT The writ petitioner is working as the Herbarium Assistant in the Department of Botany, University of Burdwan. In this writ petition the petitioner prays for necessary directions upon the respondents to sanction the pay scale of Rs. 600-1250/- for him as the said scale is the one enjoyed by the Herbarium Keeper in the Department of Botany of the Calcutta University whose duties and responsibilities, inspite of slight difference in the nomenclatures of the posts are the same as discharged by the petitioner. The petitioner's case is that he obtained the first class degree in M. Sc examination in Botany from the Burdwan University and he was appointed as Herbarium Assistant in the Department of Botany, University of Burdwan in July 1979 in the pay scale of Rs. 325-600/- for a period of one year and that subsequently hid term of appointment to the said post was extended for a further period of six months upto 31st January, 1980. Thereafter, he was appointed to the said post of Herbarium Assistant on probation for a period of one year with effect from 26th December, 1979 in the scale of Rs. 450-1000/-. It is the contention of the petitioner that the pay scales of the non-teaching employees of the' different universities of West Bengal including the Universities of Burdwan and Calcutta were revised with effect from 1st April, 1978 and that in terms of the Government order dated the 24th April, 1979 which is annexure-'E' to the writ petition the Herbarium Keeper of the Calcutta University was sanctioned the pay scale of Rs.600-1250/-. It is the case of the petitioner that the scale of pay of Herbarium Assistant of the Rurdwan University as sanctioned by the Government order was reduced from Rs. 550-1160/- to Rs. 500-1100/-• It is the contention of the petitioner that the petitioner as the Herbarium Assistant in the Department of Botany of Burdwan University does similar work and discharges similar responsibilities as done by the Herbarium Keeper of the Department of Botany of Calcutta University and that being so it is discriminatory and arbitrary to allow a lower pay scale to the petitioner compared to what is enjoyed by his counter-part in the Calcutta University. The Head of the Department of Botany, University of Burdwan in forwarding his representation to the Registrar of the Burdwan University under letter dated the 11th January, 1980 recommended that although the petitioner's designation was Herbarium Assistant yet he had to perform all the works in the Departmental Herbarium. It was also mentioned in that letter that there were more than one staff at the Herbarium of the Department of Botany, Calcutta University. The Registrar of the Burdwan University also recommended the case of the petitioner to the Government of West Bengal in his letter dated 1.9.86. In paragraph 5(h) of the affidavit-in-opposition affirmed on behalf of the authorities of the Burdwan University it is stated that toe petitioner made representation before the authority contending, inter alia, that as in G.O. No. 711(6) Edn.(U) dated the 24th April, 1979, the Herbarium Keeper of the Calcutta University was sanctioned the scale of pay of Rs. 600-1250/- whereas the Herbarium Assistant of the University of Burdwan was sanctioned the scale of Rs. 550-1160/-, the petitioner should also be allowed the scale of Rs. 600-1250/-. It is stated in the paragraph 5(i) of the affidavit-in-opposition that such representation of the petitioner was considered by the Registrar (of the Burdwan University) who requested the Government to place the Herbarium Assistant of the University of Burdwan in the scale of Rs. 550-1160/- and the State Government was also informed by the Registrar that the nature of work of the Herbarium Assistant of the Burdwan University and the nature of work of the Herbarium Keeper of the Calcutta University are the same However, the Deputy Secretary to the Government of West Bengal, Education Department by his letter dated the 24th September, 1987 informed the Registrar of the Burdwan\University that a pay Committee for the non-teaching employees of the State-aided Universities had already been set up and the incumbent concerned might represent the matter before such committee and that till the acceptance of the recommendation of the Pay Committee in this respect by the State Government the existing pay scale would continue. Accordingly, the matter came up before the Pay Committee constituted by the State Government and the pay Committee considered the question for fixation of the pay scale for the Herbarium Assistant of Burdwan University. 2. Accordingly, the matter came up before the Pay Committee constituted by the State Government and the pay Committee considered the question for fixation of the pay scale for the Herbarium Assistant of Burdwan University. 2. The extract of the report of the Pay Committee relating to the Herbarium Assistant of the Burdwan University is given below : "12.15.1 The post is treated as at par with Junior Technical Assistant of the Burdwan University and the pay scale for the post is Rs. 450-1000/-. But the incumbent is getting a personal scale of Rs.500-1100/-. It has been stated that in the Calcutta University there is a post of Herbarium Keeper which is in the scale of Rs. 600-1250/-. The recruitment qualification for the post of Herbarium Keeper of the Calcutta University is Master's degree. The recruitment qualification for the post of Herbarium Assistant of the Burdwan University is reported to be as follows :- 'B. Sc with Honours in Botany and knowledge in Herbarium method and in Taxonomy of local plants. or B. Sc (distinction) and M. Sc in Botany with special paper in Taxonomy (flowering plants)'. 12.15.2 In view of the fact that the recruitment qualification for the post of Herbarium Keeper of Burdwan University is not an M. Sc degree like that of Calcutta University and the fact that the post is equated with Junior Technical Assistant, there is hardly any ground to treat the pay scale granted to the Herbarium Assistant as an amomaly. The committee therefore feels that there is no cause for interference". 3. The Government after consideration in the order No. 711(6) Edn (U) dated the 2.ith April, 1979 annexure-'E' to the writ petition prescribed the following nine pay scales for the non-teaching employees of the Universities in West Bengal. These pay scales are as follows :- (1) Rs.600-1250/- (2) Rs.550-1160/- (3) Rs.500-1100/- (4) Rs.450-1000/- (5) Rs.400- 900/- (6) Rs.375- 800/- (7) Rs.350- 700/- (8) Rs.325- 600/- (9) Rs.300- 525/- Annexure 'I' to the said Government order which is part of the Annexure 'A' to the writ petition shows the different pay scales existing and revised, in respect of different posts in grade No.1 for non-teaching, employees of the Calcutta University. There the existing pay scale of the Herbarium Keeper was shown as Rs. 320 600/- and the corresponding revised pay scale was shown as Rs. 600-1250/-. There the existing pay scale of the Herbarium Keeper was shown as Rs. 320 600/- and the corresponding revised pay scale was shown as Rs. 600-1250/-. In the relevant note thereunder it is mentioned that the scale is for the Master's degree holders for the subject and the incumbent who will not fulfil the minimum educational qualification will be placed in the corresponding revised scale of pay of their present scale. It is argued on behalf of the writ petitioner that under the revised pay scale the pay scale of Rs. 320-600/- enjoyed by Herbarium Keeper of the Calcutta University was raised to Rs. 600-12501 and there is no reason why the Herbarium Assistant of the Burdwan University who has to discharge the same nature of duties and responsibilities as the Herbarium Keeper of the Calcutta University should not also be sanctioned the pay scale of Rs. 600-1250/- for avoiding discrimination and arbitrariness. 4. The Pay, Committee did not recommend for the petitioner the scale of Rs. 600-1250/- which is enjoyed by the Herbarium Keeper of Calcutta University on two grounds, namely, that the recruitment qualification for the post of 'Herbarium Keeper' of Burdwan University is not an M. Sc degree like that of Calcutta University and that the post of the Herbarium Assistant of the Burdwan University is equated with the Junior Technical Assistant. The Pay Committee it seems did not at all examine for itself as to whether the equation of the post of the Herbarium Keeper with the post of Junior Technical Assistant was justified or not. If on due consideration it is found that the Herbarium Assistant of Burdwan University should get a higher scale of pay as available to the Herbarium Keeper of Calcutta University that the claim of the petitioner cannot be resisted or defeated on the ground that his post bas been equated with the post of Junior Technical Assistant. If on due consideration it is found that the Herbarium Assistant of Burdwan University should get a higher scale of pay as available to the Herbarium Keeper of Calcutta University that the claim of the petitioner cannot be resisted or defeated on the ground that his post bas been equated with the post of Junior Technical Assistant. Now coming to the other question on which the petitioner has been refused the higher pay scale by the Pay Committee that the recruitment qualification for the post of Herbarium Assistant (wrongly described as Herbarium Keeper) of Burdwan University is not an M. Sc degree like that of Calcutta University it has to be observed that M. Sc degree in Botany with special paper in Taxonomy is also one of the alternative recruitment qualifications for the post of the Herbarium Assistant of the Burdwan University. No doubt the other alternative qualification for the post is B. Sc with Honours in Botany and knowledge in Herbarium method and in Taxonomy in local plants. But it is evident that mere B. Sc with Honours in Botany which is obviously a lower academic qualification compared to M. Sc in Botany, has not been prescribed as an alternative recruitment qualification for the post. If a candidate is B. Sc with Honours in Botany he must also have the additional qualification of having knowledge in herbarium method and in taxonomy in local plants. The authority concerned prescribes the qualification M. Sc in Botany with special paper in a particular subject as a minimum recruitment qualification for the post but at the same time also provides, in effect, that a candidate having B. Sc degree with Honours in Botany may also be taken in the post provided the deficiency in his academic qualification compared to M. Sc degree is made up by knowledge in herbarium method and in taxonomy in local plants. Having regard to the composite picture of the alternative recruitment qualifications prescribed by the Burdwan University fur the post of the Herbarium Assistant it cannot therefore be said that the recruitment qualification for the post of Herbarium Assistant of the Burdwan University is not an M. Sc degree. Having regard to the composite picture of the alternative recruitment qualifications prescribed by the Burdwan University fur the post of the Herbarium Assistant it cannot therefore be said that the recruitment qualification for the post of Herbarium Assistant of the Burdwan University is not an M. Sc degree. On the contrary M. Sc degree is also one of the alternative recruitment qualifications prescribed by the Burdwan University for the post of the Herbarium Assistant and therefore the pay Committee was not justified in refusing the claim of the petitioner on the ground that the recruitment qualification for the post of the Herbarium Assistant of the Burdwan University was not an M. Sc degree like that of the Calcutta University. 5. It would appear from annexure-'E' to the writ petition in its part at page 26 that even for the post of the Herbarium Kesper of the Calcutta University it has been provided that the scale is for the Master degree-holder in the subject and that the incumbent who will not fulfill the minimum educational qualification will be placed in the corresponding revised scale of pay of their present scale. ft is also to be noted here that the Government of West Bengal in its letter No. 711(6)-Edn(U) dated the 24th April, 1979 annexure-'E' to the writ petition has observed in paragraph 18 thereof that different nomenclatures of post have been given to employees with identical or similar work and also similar nomenclatures have been assigned to employees with different responsibilities and it was therefore suggested that the nomenclatures and work pattern in ail Universities should be rationalised and that the authorities might take such decisions in joint meetings if necessary. Now, since the Govt. of West Bengal is the common authority competent to prescribe pay scales for different categories of non-teaching employees of the different Universities of West Bengal and since the salaries of the non-teaching employees of the concerned Universities are paid from grant released by the same common authority, namely, the Government of West Bengal as stated in paragraph 11 of the writ petition, it is only proper and fair that there should not be any discrimination in the matter of grant of pay scale to any category of employees discharging works of the same or similar nature and volume in different Universities covered under the sanctioning authority of the same Government. As we have seen, the authorities of the Burdwan University have themselves certified about the parity of job responsibility and the nature and volume of duties discharged by the Herbarium Assistant of the Burdwan University and the Herbarium Keeper of the Calcutta University. There is therefore no reason why the Herbarium Assistant of Burdwan University with the same recruitment qualification as the Herbarium Keeper of the Calcutta University should be denied parity in pay scale with that of his counter-part in the Calcutta University. I have already discussed how the logic of the Pay Committee in refusing the higher pay scale for the Herbarium Assistant of the Burdwan University is lop-sided thereby producing undue discriminatory effect on the petitioner. Having regard to the facts and circumstances I hold -that fairness demands that the petitioner having M. Sc degree in Botany and discharging the responsibilities as Herbarium Assistant should be granted the pay scale of Rs. 600-1250/- which is being enjoyed by his counter-part in the Calcutta University. Accordingly I direct the respondents to place the petitioner in the said pay scale of Rs. 600-1250/- by issuing appropriate order within three weeks from the date of communication of this order. The fixation of the petitioner's pay in the said pay scale shall be made in accordance with the rules applicable for fixation of pay where one pay scale is replaced by another. The writ petition stands disposed of accordingly. No order as to costs is however passed.