G. P. Dubey v. Jawaharlal Nehru Krishi Vishwavidalaya, Jabalpur
2005-12-01
AJIT SINGH
body2005
DigiLaw.ai
JUDGMENT Petitioner No.2 is an association of Class III/IV employees of the Jawaharlal Nehru Krishi Vishwavidyalaya (hereinafter referred to as "the Viswavidyalaya"). Petitioner No. 1 is working on the post of Office Assistant in the Vishwavidyalaya. They are aggrieved with the denial of the pay scale which has been recommended by the Singhdeo Committee meant for the Office Assistants working in the Secretariat of the State Government. They have also prayed for quashing of order dated 3.7.1999 Annexure P-12 whereby Comptroller of the Vishwavidyalaya has informed the petitioner No.2 that the respondent No.2 has refused the proposal of the Vishwavidyalaya to implement the recommendation of the Singhdeo Committee providing scale of Rs. 1640-2900/- for the Office Assistants working in the Secretariat of the State Government. The petitioners' claim is that the Vishwavidyalaya was constituted and started functioning in the year 1964 in accordance with the provisions of the Jawaharlal Nehru Krishi Vishwavidyalaya Adhiniyam, 1963 (hereinafter referred to as "the Adhiniyam"). Under the provisions of the Adhiniyam, the employees working under various Government institutions in the Department of Agriculture and Veterinary Science became the employees of the Vishwavidyalaya. The Vishwavidyalaya also recruited staff directly. They have been granted higher grade equivalent to the ministerial staff working in the Secretariat of the State Government. To remove the disparity the pay scale was integrated from1.7.1968 and since thereafter the pay scale of the ministerial staff of the Vishwavidyalaya was revised with the corresponding scale of the staff of State Secretariat. This position remained continued till the implementation of Pay Revision Rules of 1990 in which the scale of Rs. 1400-2640/- has been sanctioned to Office Assistants of the State Secretariat. The Vishwavidyalaya accepted the pay scale of Rs. 1400-26401- for its Office Assistants also. The dispute arose when the Singhdeo Committee recommended for higher pay scale of Rs. 1640-2900/- to the Office Assistants working in the Secretariat of the State Government. The State Government implemented the recommendations by amending the Rules of 1990 by notification dated 7.4.1997 Annexure P-7. The Board of the Vishwavidyalaya in its meeting held on 21.10.1997 resolved to extend the benefit of the revised pay scale recommended by the Singhdeo Committee to the Office Assistants of the Vishwavidyalaya.
The State Government implemented the recommendations by amending the Rules of 1990 by notification dated 7.4.1997 Annexure P-7. The Board of the Vishwavidyalaya in its meeting held on 21.10.1997 resolved to extend the benefit of the revised pay scale recommended by the Singhdeo Committee to the Office Assistants of the Vishwavidyalaya. The said resolution is Annexure P-IO and it has not been approved by the respondent No. 2 on the ground that Singhdeo Committee recommended revised higher pay scale only to the Office Assistants working in the Secretariat of the State Government. The order dated 28.8.1998 of refusal by the respondent No.2 is Annexure P-l1. The grievance of the petitioners is that the respondent No.2 committed an illegality in not approving the resolution dated 21.10.1997 Annexure p10 of the Board. It is argued by the learned counsel for the petitioners that the respondent No.2 has no authority to reject any resolution of the Board recommending higher pay scale for the employees of the Vishwavidyalaya. Another grievance of the petitioners is that since the Office Assistants of the Vishwavidyalaya were given the pay scale of Rs. 1400-2640/- they are entitled for the revised pay scale of Rs. 5500-90001-. The learned Government Advocate in reply vehemently defended the decision of the respondent No.2 rejecting the resolution/proposal of the Board to extend the benefit of the revised pay scale recommended by the Singhdeo Committee for the Office Assistants working in the Secretariat of the State Government. He also submitted that the resolution Annexure P.-I0 of the Board was itself conditional being subject to its approval by the State Government and, therefore, the petitioners are not automatically entitled for the benefit of the same. The learned counsel for the respondent No. 1 has adopted the arguments of the learned Government Advocate and has prayed for dismissal of the petition. He has produced the minutes of the resolution dated 21.10.1997 Annexure P-l 0 from which it is clear that the Finance Secretary of the State Government was not present in the Board meeting. After hearing the learned counsel for the parties and having perused the materials on record, I am of the considered view that this petition has no merit and deserves to be dismissed. The post of Upper Division Clerk, Grade I, was re-designated as Officer Assistants in the clerical services of the Vishwavidyalaya with the pay scale of Rs. 190-320/-.
After hearing the learned counsel for the parties and having perused the materials on record, I am of the considered view that this petition has no merit and deserves to be dismissed. The post of Upper Division Clerk, Grade I, was re-designated as Officer Assistants in the clerical services of the Vishwavidyalaya with the pay scale of Rs. 190-320/-. The circular dated 4.7.1968 of the Vishwavidyalaya in this regard is Annexure P-2. At that time the employees of the State Government were getting the pay scale recommended by the Tarachand Pay Commission with effect from 1.1.1968. The pay scales were revised from time to time by the State Government as under: Pay Revision Rules made Revised Provided to Provided by effective corresponding the Office the Vishwa (w.e.f) Scale meant Assistants vidyalaya For Office working in the State Secrctariat (i) Tarachand pay-scales 1.1.1968 190-320 190-320 190-320 (ii) Pandey pay-scales 1.1.1972 280-480 280-480 280-480 (iii) Choudhmy pay-scales 1.1.1986 740-1180 740-1180 740-1180 (iv) Vora pay-scales 1.1.1986 1290-2040 1290-2040 1290-2040 & 2050 (v)Central pattern/1990 1.1.1986 1400-2340 1400-2640 1400-2640 (vi) Singhdeo Committee 1640-2900 (vii) V Pay Commission 1.1.1 996 4500-7000 5500-9000 5000-8000 Up to 4th Pay Revision Rules (Yora Pay Scales) Office Assistants of the Vishwavidyalaya were getting the same pay scale of the Office Assistants working in different departments of the State Government. In the Pay Revision Rules of 1990 the pay scale of Rs. 1290-2040/- was revised to Rs. 1400-2340/- and the Office Assistants working under the State Secretariat were provided with a higher revised pay scale of Rs. 1400-2640/- with effect from 1.1.1986. The recommendation for a higher revised pay scale of Rs. 1400-2640/- was exclusively meant for the Office Assistants working under the Secretariat of the State Government. This position is also clear from Annexure 2 Part B (I) of the Pay Revision Rules, 1990 annexed as Annexure P-5. However, the Office Assistants working in the Vishwavidyalaya were given the higher revised pay scale of Rs. 1400-2640/- instead of pay scale of Rs. 1400-2340/-. The revised pay scale of Rs. 1400-2640/- given to the Office Assistants of the Vishwavidyalaya was corresponding to the pay scale of Rs. 1350-2200 which is apparent from Annexure P-5. There is nothing on record to show that the petitioners were ever given the pay scale of Rs.
1400-2640/- instead of pay scale of Rs. 1400-2340/-. The revised pay scale of Rs. 1400-2640/- given to the Office Assistants of the Vishwavidyalaya was corresponding to the pay scale of Rs. 1350-2200 which is apparent from Annexure P-5. There is nothing on record to show that the petitioners were ever given the pay scale of Rs. 1350-2200 Looking to the important nature of work and responsibilities of the Office Assistants working in the Secretariat of the State Government, Singhdeo Committee recommended for them a further higher pay scale of Rs. 1640-2900. The State Government accepted the recommendation of the Singhdeo Committee by amending the Rules of 1990 vide notification dated 7.4.1997 Annexure P-7. The 5th Pay Commission recommended the pay scale cadre wise. By the 5th Pay Commission the pay scale of Rs. 1640-2900/- for the Office Assistants of the State Secretariat has been revised to the pay scale of Rs. 5500-9000/-. Likewise, it has revised the pay scale of Rs. 1400-2340/- to Rs. 4500-7000/- and the pay scale of Rs. 1400-2640/- to Rs. 5000-8000/-. The Board of the Vishwavidyalaya in its meeting held on 21.10.1997 Annexure P-10 resolved to extend the benefit of the revised pay scale recommended by the Singhdeo Committee to the Office Assistants of the Vishwavidyalaya In that meeting the Finance Secretary of the State Government who is an important member of the Board, was admittedly not present. The resolution dated 21.10.1997 Annexure P-I 0 was subject to its approval by the State Government. The respondent No.2 by order dated 28.8.1998 refused to accept the resolution dated 21.10.1997 Annexure P-IO of the Vishwavidyalaya on the ground that the recommendation of the Singhdeo Committee was exclusively meant for the Office Assistants working in the Secretariat of the State Government. The fact that the recommendation of the Singhdeo Committee was exclusively meant for the Office Assistants working in the Secretariat of the State Government has not been denied by the petitioner. The respondent No.2 was very much within its competence to disapprove the resolution dated 28.8.1998 Annexure P-11 which. as already stated above, was itself conditional as it was subject to approval by the State Government. The Office Assistants working in the Secretariat of the State Government are a separate class/cadre. They perform important duties in a different administrative set up.
The respondent No.2 was very much within its competence to disapprove the resolution dated 28.8.1998 Annexure P-11 which. as already stated above, was itself conditional as it was subject to approval by the State Government. The Office Assistants working in the Secretariat of the State Government are a separate class/cadre. They perform important duties in a different administrative set up. There is no parity between the service conditions of the Office Assistants of the Vishwavidyalaya and the Office Assitants working in the Secretariat of the State Government. The State Government, after considering the entire matter, has approved the revised scale of Rs. 4500-7000/- for the Office Assistants of the Vishwavidyalaya which is a scale provided to all the Office Assistants working in different departments of the State Government. The order dated 30.5.2000 of the State Govel11ment in this regard is Annexure R-3. The Vishwavidyalaya is presently giving its Office Assistants the pay scale of Rs. 5000-8000/merely because it earlier gave them the pay scale of Rs. 1400-2640/- instead of Rs. 1400-2340/-. This alone does not entitle them for a pay scale of Rs. 5500-9000/- The Office Assistants of the Vishwavidyalay, therefore, in my considered opinion. are not entitled for the revised pay scale of Rs. 1640-2900/- and Rs. 5500-9000/- which is meant exclusively for the Office Assistants working in the Secretariat of the State Govrnment. In view of the aforesaid. the petition has no merit and is accordingly dismissed.