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2011 DIGILAW 1446 (RAJ)

K. Shankar Iyer v. The State of Rajasthan

2011-07-21

GOVIND MATHUR

body2011
JUDGMENT 1. - The petitioners are working with the respondent-University as Stenographers. By this petition for writ they are claiming fixation of their pay in the pay-scale of Rs. 5500-9000 w.e.f. 1.4.1999. 2. The factual matrix necessary to be noticed is that on basis of the recommendations made by Ranawat Pay Commission, a decision was taken to revise the pay-scales of non-teaching employees of the University on basis of the pay-scales evolved by the Government of Rajasthan. A parity in the pay-scales of the Stenographers working with the State Government and the respondent-University was settled in view of the decision of the State Government referred in communication dated 27.2.1971. Accordingly, the pay-scales of the stenographers working with the State Government and Stenographers working with the University were made equivalent w.e.f. 1.4.1969. 3. On promulgation of Rajasthan Civil Services (Revised) Payscale Rules, 1998 (for short 'the Rules of 1998' hereinafter), the pay-scales of the Stenographers working with the State Government were revised. The Vice-chancellor of the respondent-University under a letter dated 21.12.1999 revised the pay-scale of the Stenographers by bringing the same as equivalent to the pay-scale given to the Stenographers working with the State Government. In view of the order passed by the Vice-chancellor, the pay-scale of Rs. 5500-9000 was given to the petitioners w.e.f. 1.4.1999. 4. The Syndicate of the respondent-University vide its Resolution No.54 dated 3.7.2000 while accepting an audit objection withdrew the pay-scale aforesaid granted to the petitioners and also decided to effect recovery of the amount said to be paid in excess. Accordingly, Financial Advisor of the respondent-University issued a notice on 24.11.2003. 5. The petitioners by submitting representations objected withdrawal of the pay-scale and recovery of the amount sought to be made. The respondent-University also, looking to the fact that the pay-scale concerned was given just to maintain parity amongst the Stenographers working with the University and the State Government, consider it appropriate to request the State Government to drop the audit objection and further to permit the University to continue the Stenographers in the pay-scale of Rs. 5500-9000 w.e.f. 1.4.1999. However, the State Government under its letter dated 12.12.2006 conveyed the University that the pay-scale could have not been granted without seeking prior approval from the State Government. 6. 5500-9000 w.e.f. 1.4.1999. However, the State Government under its letter dated 12.12.2006 conveyed the University that the pay-scale could have not been granted without seeking prior approval from the State Government. 6. In this factual background, this petition for writ is preferred to claim the pay-scale that is given by the State Government to the Stenographers and Private Secretaries working with it. 7. A reply to the writ petition has been filed emphasising that no pay-scale could have been revised by the University without first getting prior approval from the State Government, as such, the withdrawal of the pay-scale granted is in accordance with law. 8. The issue involved in this petition was examined by this Court in the Case of M.D. Lohiya and Ors. v. State of Rajasthan and Ors., reported in 2007(2) CDR 916 (Raj.) , wherein the payscale granted to Senior Technical Assistants in the same fashion were withdrawn on the count that the prior permission of the State Government was not taken. This Court in the case of M.D. Lohiya (supra) held as under:- "the Senior Technical Assistants/ Professional Assistants working with the respondent university since 1968 are getting pay scales allowed to the Librarians working with the Government Degree Colleges. It is the position admitted that a parity in grant of pay scale to Senior Technical Assistants/Professional Assistants vis-a-vis Librarians working with Government Degree Colleges is maintained by the respondents since 1968, that cannot be changed without a cogent reason. It is not open for the Government now to say that the Senior Technical Assistants/Professional Assistants working with the respondent university do not hold the post equivalent to the post of Librarians working in Government Degree Colleges. The university in pursuant to the orders passed by the Government of Rajasthan on 24.4.1993 read with 5.8.1993 on basis of resolution No.71/94 undertaken by the Syndicate ordered to revise the pay scales of Senior Technical Assistants/ Professional Assistants by order dated 7.7.1994. Such revision was made by the university with a view to maintain parity with regard to grant of pay scales to the Senior Technical Assistants/Professional Assistants vis-a-vis Librarians working with the Government. It is true that before granting the pay scale of Rs. Such revision was made by the university with a view to maintain parity with regard to grant of pay scales to the Senior Technical Assistants/Professional Assistants vis-a-vis Librarians working with the Government. It is true that before granting the pay scale of Rs. 2200-4000 a sanction was required to be taken by the university but in totality of facts and circumstances of the case such sanction is quite formal and the respondent State should have granted it ex-post facto. I have intentionally used the term "formal sanction" for the reason that this Court by judgment dated 8.10.1990 (SB Civil Writ Petition No.608/82) declared the Librarians working in Government Degree Colleges entitled for getting the pay scales revised in accordance with the recommendations made by the UGC. The Senior Technical Assistants/ Professional Assistants working with the respondent university for all purposes stand at par with the Librarians working in Government Degree Colleges, therefore, a cautious decision was taken by Government of Rajasthan to allow the same pay scales to them also. Looking to this fact in any event the State Government was required to accord sanction for grant of pay scale of Rs. 2200-4000 to the Senior Technical Assistants/ Professional Assistants working with the respondent university including the petitioners w.e.f. 1.1.1986. It is really surprising that the State Government instead of granting ex-post facto sanction despite a request made by the Vice Chancellor choose to victimise the employees of the university. The act of the respondent State, therefore, is not only discourteous to the university but is also unjust and arbitrary. I also failed to understand as to why the respondent State has yet not allowed the pay scale of Rs. 8000- 13500 to the Senior Technical Assistants/ Professional Assistants working with the respondent university though the same has already been granted to the Librarians working with Government Degree Colleges w.e.f. 1.9.1996. As stated above, the respondents are under obligation to maintain parity with regard to grant of pay scales among the Senior Technical Assistants/ Professional Assistants and Librarians working with Government Degree Colleges. Non grant of pay scale of Rs. 8000-13500 to the Senior Technical Assistants/Professional Assistants working with the respondent university including the petitioners w.e.f. 1.9.1996 is highly discriminatory." 9. As stated above, the respondents are under obligation to maintain parity with regard to grant of pay scales among the Senior Technical Assistants/ Professional Assistants and Librarians working with Government Degree Colleges. Non grant of pay scale of Rs. 8000-13500 to the Senior Technical Assistants/Professional Assistants working with the respondent university including the petitioners w.e.f. 1.9.1996 is highly discriminatory." 9. In D.B. Civil Special Appeal (Writ) No.644/2007, the Division Bench of this Court while rejecting the Special Appeal preferred by the State Government giving challenge to the judgment of this Court in the case of M.D. Lohiya held as under:- "The controversy involved in the writ petitions was with regard to grant of equal pay to the Senior Technical Assistants / Professional Assistants vis-a-vis Librarians working in the Govt. Degree Colleges. Originally, this partly was ordered in the year 1968 on the basis of Ranawat Pay Commission. Later on, it was maintained in the years 1980 and 1986 with pay scale of Rs. 2200-4000. This pay scale was further revised w.e.f. 1.9.1996 and the Librarians working in the Govt. Degree Colleges were granted the pay scale of Rs. 8000-13500 but this was denied to the Senior Technical Assistants / Professional Assistants working with the respondent- University because earlier pay scale as recommended by the University Grant Commission was granted without the approval of the State Government. Learned Single Judge observed that the equity was maintained between the Librarians of the Govt. Degree Colleges and the Senior Technical Assistants / Professional Assistants working with the respondent-University long back in the year 1968 and it cannot be withdrawn without any cogent reason and denial by the Government on account of audit objection despite recommendation by the Vice Cancellor to maintain the parity, is involved of the fundamental rights of the petitioner respondents. Today, it is also brought to the notice of this Court by the learned counsel for the respondents, which has not been controverted by the learned Additional Advocate General that the Accountant General (Civil Lekha Pariksha), Rajasthan, Jaipur has already removed the audit objection with regard to parity of the pay scale vide order dated 3.11.2009. Today, it is also brought to the notice of this Court by the learned counsel for the respondents, which has not been controverted by the learned Additional Advocate General that the Accountant General (Civil Lekha Pariksha), Rajasthan, Jaipur has already removed the audit objection with regard to parity of the pay scale vide order dated 3.11.2009. In view of the order dated 3.11.2009 and also in light of the findings arrived-at by the learned Single Judge with regard to maintaining parity, which was already granted way back in the year 1968 with the approval of the State Government, the denial of the new pay scale to the petitioner-respondents, who are at par with the Librarians of the Govt. Degree Colleges, is contrary to the law. Accordingly, we find no reason to interfere with the findings arrived-at by the learned Single Judge." 10. Suffice it to mention here that the Hon'ble Supreme Court vide order dated 10.12.2010 has already dismissed the Special Leave Petition preferred by the State of Rajasthan giving challenge to the judgment referred above. 11. In the instant case too, it is not in dispute that an equivalence has already been made amongst the Stenographers and Personal Assistants working with the University and the State Government. The petitioners have always been treated as the persons holding an equivalent post to their counter-part with the State Government. The University is required to prescribe the same pay-scale for its non-teaching staff that is given by the State Government to its employees holding equivalent posts. In such circumstances, no wrong was committed by the respondent-University in making fixation of the petitioners pay in the pay-scale of Rs. 5500-9000 w.e.f. 1.4.1999, though in technical terms previous approval should have been obtained by the University. 12. The petition for writ, thus, deserves acceptance and therefore, the same is allowed. The State Government is directed to grant ex-post facto sanction for grant of the pay-scale of Rs. 5500-9000 to the petitioners w.e.f. 1.4.1999. The de-fixation of the petitioners from the pay-scale aforesaid is declared illegal. The recovery sought to be made under the orders impugned is also declared illegal. The respondents are directed to allow the pay-scale of Rs. 5500-9000 to the petitioners w.e.f. 1.4.1999. 5500-9000 to the petitioners w.e.f. 1.4.1999. The de-fixation of the petitioners from the pay-scale aforesaid is declared illegal. The recovery sought to be made under the orders impugned is also declared illegal. The respondents are directed to allow the pay-scale of Rs. 5500-9000 to the petitioners w.e.f. 1.4.1999. The arrears accruing as a consequent to the fixation sought to be made in the terms above shall also be paid to the petitioners within a period of three months from today with interest @ 6% p.a.No order as to costs.Petition allowed. *******