Birsa Agricultural University v. Ram Pravesh Singh
2003-05-05
AMARESHWAR SAHAY, GURUSHARAN SHARMA
body2003
DigiLaw.ai
ORDER 1. The sole respondent was appointed as Recruitment Officer in Birsa Agricultural University, Ranchi in the pay scale of Rs. 700-1600/-. Subsequently post of Recruitment Officer and Establishment Officer were merged and was designated as Assistant Director Administration with effect from 23.3.1986 with the same pay scale of Rs. 700-1600/-. He superannuated from service on 30.4.2000. 2. Both the University as well as the Departmental Promotion Committee recommended the sole respondent to be promoted to the post of Deputy Director, Administration in the pay scale of Rs. 1200-1900/- (revised to Rs. 3700-5700/). 3. On 7.2.1997, the University issued a notification contained in Memo No. 77 VCR, promoting and designating the respondent as Deputy Director, Administration with effect from 22.3.1986 on the State Governments scale of pay of Rs. 3000-4500/-. It appears that on the same day, i.e. 7.2.1997 itself another notification with same Memo No. 77 VCR was issued, whereby he (the respondent) was promoted in the pay scale of Rs. 3700-5700/- with effect of the same day. 4. Thereafter on 21.6.1997 the Managing Committee of the University in its resolution No. 4/81 resolved that the State Governments pay scale would be applicable to the non-teaching employees of the University and those who were appointed earlier in the pay scale equivalent to the pay scale of University Grants Commission, shall be treated to be their personal pay and the new appointees as well as those on promotion on non-teaching cadre post were to get only the pay scale prescribed by the State Government. 5. It is not in dispute that the sole respondent was not in the teaching cadre of the University and he was a non-teaching staff.The University Grant Commission pay scale was, therefore, not applicable in his case and aforesaid resolution of the Managing Committee of the University clarified the position that he was given promotion to the post of Deputy Director, Administration on the StateGovernments pay scale of Rs. 3000-4500/-. 6. We, therefore, set aside the impugned order passed by learned Single Judge in CWJC No. .2649 of 1998 (R), wherein it was observed that "practically there remains no scope for the respondents to deny the pay scale of the Deputy Director, Administration of the revised pay scale of Rs. 3700-5700/-".
3000-4500/-. 6. We, therefore, set aside the impugned order passed by learned Single Judge in CWJC No. .2649 of 1998 (R), wherein it was observed that "practically there remains no scope for the respondents to deny the pay scale of the Deputy Director, Administration of the revised pay scale of Rs. 3700-5700/-". It was further observed "I have already mentioned that cases of the other non-teaching staff of the University are not being considered in the present writ petition and the revised payscale to the post of Deputy Director, Administration should be available to the petitioner from the date of his promotion and arrears must be paid to him in the pay scale of Rs. 3700-5700/- from the date of his promotion till this date." 7. The sole respondent is, therefore, entitled to get arrears of salary, if any, in the pay scale of Rs. 3000-4500/- from the date of his promotion to the post of Deputy Director, Administration. 8. This appeal is disposed of with the aforesaid direction.