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Himachal Pradesh High Court · body

2021 DIGILAW 772 (HP)

Himachal Pradesh Agriculture University-Laboratory Staff Welfare Association v. Vice Chancellor, CSK Himachal Pradesh Krishi Vishvavidyalaya

2021-09-29

SANDEEP SHARMA

body2021
ORDER : Petitioner herein, which is a registered welfare association of Laboratory Staff, working with the Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya (hereinafter, ‘respondent-University’) on various posts of Laboratory Assistants/Laboratory Attendants (Junior Technician), Senior Technical Assistant Grade II, Senior Technical Assistant Grade I, had earlier approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 6358 of 2018, which now stands transferred to this Court and registered as such, praying for following main reliefs : “(i) That the impugned office order dated 27th February, 2017, Annexure A-6, may kindly be quashed and set aside to the extent of granting the benefit of revised pay scale to the category of Laboratory Assistants/Laboratory Attendants on notional basis w.e.f. 01.01.1996 to 31.03.1998 and further to grant the benefit of revised pay scale after completion of five years of service, i.e. Rs.4,020-6,200/- though applicable w.e.f. 01.01.1996 or from the date(s) it became due and revised pay scale of Rs.5,910-20,2000+2,400/- grade pay instead of Rs.2,800/- as granted by the H.P. University w.e.f. 01.01.2006 to the category of Laboratory Assistants/Laboratory Attendants and further not to grant the interest on the amount of the arrears and justice be done. (ii) That the respondents may kindly be directed to grant the grade pay of Rs.2800/- instead of Rs.2400/- to the category of Laboratory Assistants/Laboratory Attendants (Junior Technician Group-IV) mentioned in Annexure A-2, who were working as such on and w.e.f. 01.01.2006 alongwith arrears and interest @ 9%, per annum from the date it fell due on the arrears till actual disbursement and justice be done. (iii) That the respondents may kindly be directed to grant the revised pay scales to the members of the applicant-Association mentioned in Annexure A-2 as per office order dated 7th June, 2018 (Annexures A-10), i.e. (a) Rs.15,600-39,100+Grade pay of Rs.5,400/- with initial pay of Rs.21,000/- instead of Rs.10,300-34,800+Grade Pay of Rs.4,800/-, (b) Rs. 15,600-39,100+Grade Pay of Rs.5,700/- with initial pay of Rs.22,820/- to 25% of the total posts of Group-I category with at least ten years active service w.e.f. 01.11.2012 alongwith arrears and interest @ 9% per annum from the date it fell due till its realization to the category of Senior Technical Assistant Gr. I instead of Rs.10,30-34,800 plus Grade Pay of Rs.4,800/-. I instead of Rs.10,30-34,800 plus Grade Pay of Rs.4,800/-. (iv) That the respondents may kindly be directed to grant the revised pay scales to the members of the applicant-Association mentioned in Annexure A-2, as per office order dated 7th June, 2018 (Annexures A-10), (a)Rs. 10,300-34,800+ Grade Pay of Rs.4,800/- with initial pay of Rs. 18,250/- to the category of Senior Technical Assistant Gr. II instead for Rs.10,300-34,800+ Grade Pay of Rs.3,800/-. (v) That the respondents may kindly be directed to grant the revised pay scales to the members of the applicant-Association mentioned in Annexure A-2 as per office order dated 7th June, 2018 (Annexures A-10), of Rs.1,300-34,800+ Grade pay of Rs.3,800/- with initial pay of Rs. 14,590/- w.e.f. 01.11.2012 to the category of Junior Technician alongwith arrears and interest @ 9% per annum from the date it fell due till realization to the category of Junior Technician instead of Rs.10,300-34,800+Grade Pay of Rs.3,200/-. (vi) That the respondents may kindly be directed to grant the revised pay scales to the members of the applicant-Association mentioned in Annexure A-2 as per office order dated 7th June, 2018 (Annexures A-11), of Rs. 10,300-34,800+ grade pay of Rs. 3,200/- with initial pay of Rs.13,500/- w.e.f. 01.11.2012 to the category of Laboratory Assistants/Laboratory Attendants (junior Technician, Group-IV) alongwith arrears and interest @ 9% per annum from the date it fell due to the Junior Technicians instead of Rs. 5,910-20,200+ Grade Pay of Rs.1,900/-. (vii) That the respondents may kindly be directed to grant the revised pay scales to the members of the applicant-Association mentioned in annexure A-2, as per office order dated 7th June, 2018 (Annexures A-11), of Rs. 10,300-34,800+Grade pay of Rs. 3,600/- with initial pay of Rs. 14,430/- (50%) after completion of minimum period of five years of service as in the case of Junior Assistant w.e.f. 01.11.2012 to the category of Laboratory Assistants/Laboratory Attendants (junior Technician, Group-IV) alongwith arrears and interest @ 9% per annum from the date it fell due till realization instead of Rs. 5,910-20,200+ Grade Pay of Rs. 2,800/-. 14,430/- (50%) after completion of minimum period of five years of service as in the case of Junior Assistant w.e.f. 01.11.2012 to the category of Laboratory Assistants/Laboratory Attendants (junior Technician, Group-IV) alongwith arrears and interest @ 9% per annum from the date it fell due till realization instead of Rs. 5,910-20,200+ Grade Pay of Rs. 2,800/-. (viii) That the respondents may kindly be directed to grant the benefits to the Laboratory Staff mentioned in Annexure A-2 of the notification dated 11.10.2017, Annexure A-13, issued by the H.P. University and further to pay the arrears alongwith interest @ 9% per annum from the date when the services of the members of the applicant-Association have been utilized by the respondent-University. (ix) That the respondents may very kindly be directed to change the designation of the Laboratory Streams/Staff of the respondent-University on the analogy of H.P. University so that in future no anomaly occurs while releasing the pay scales and other financial benefits to the Laboratory Staff of the respondent-University. 2. For having bird’s eye view of the matter, certain undisputed facts as emerge from the record are that the respondent-University was established in the year 1978 under the Himachal Pradesh Krishi Vishvavidyalaya Act, 1978 (hereinafter, ‘1978 Act’). As per provisions of the 1978 Act, Statutes came to be framed for governing the service conditions of its employees, in teaching and non-teaching faculties. Initially some staff of Himachal Pradesh University (hereinafter, ‘HPU’) was deployed in the newly created respondent-University for running its affairs. However, in the year 1986, the 1978 Act was repealed and respondent-University was formed under the Himachal Pradesh University of Horticulture and Forestry Act, 1986 (hereinafter, ‘1986 Act’). Invoking the provisions of S.54 of 1986 Act, Statutes came to be framed for the purpose of appointing staff in respondent-University and prescribing their qualifications and duties besides grant of pay scales, which is called the Himachal Pradesh Krishi Vishvavidyalaya Statutes, 1988 (hereinafter, ‘Statutes’). Since the duties of staff of the respondent-University are/were more or less akin to the laboratory staff working in Dr. Yashwant Singh Parmar University of Horticulture and Forestry, Nauni, Solan (hereinafter, ‘UHF Nauni’), as well as HPU, respondent-University granted same pay scales to its laboratory staff on the analogy of the pay scales prevalent in HPU (Annexure A-3). Since the duties of staff of the respondent-University are/were more or less akin to the laboratory staff working in Dr. Yashwant Singh Parmar University of Horticulture and Forestry, Nauni, Solan (hereinafter, ‘UHF Nauni’), as well as HPU, respondent-University granted same pay scales to its laboratory staff on the analogy of the pay scales prevalent in HPU (Annexure A-3). Initially the Statutes of respondent-University did not prescribe the same pay scale as prevalent in HPU to its employees so the same were being granted on the basis of Notifications issued from time to time. However, subsequently to obviate issuance of Notification after every interval, respondent-University thought it fit to amend clauses of the Statutes to have same benefits/pay scales to its employees, as shall be granted by HPU. Chapter V of the Statutes, deals with the classification, qualifications and appointment of employees of the respondent-University, other than officers and teachers and categories of members of petitioner Association being Grade B, C and D also fall under this Chapter. Clause 5.6 initially prescribed that respondent-University will evolve its own pay scales, however, vide 33rd amendment notified vide Notification No. 2-1/2004- CSKHPKV(GA)Vol.IX/-43170-302, dated 29 June 2004 (Annexure A-5), certain amendments came to be carried out in the Statutes, wherein it came to be provided categorically in unequivocal terms that for lab stream posts, the pay scales will be same as prevalent in HPU and University of UHF Nauni. Clauses 5.6(1) and 5.7(1) of the amended Statutes, are reproduced herein below : 5.6(1) The scale of pay of the posts of grade A, B, C, and D employee of the University shall be as prevalent at present. Conditions and rules for the release of higher scales of pay, for admissibility of special pay and other allowances to the employees shall be the same as applicable from time to time to the employees holding corresponding posts in the concerned Departments of the Himachal Pradesh Government with which the present scale have been equated. Conditions and rules for the release of higher scales of pay, for admissibility of special pay and other allowances to the employees shall be the same as applicable from time to time to the employees holding corresponding posts in the concerned Departments of the Himachal Pradesh Government with which the present scale have been equated. For example for the ministerial staff including drivers the scale will correspond to the Secretariat staff of the Himachal Pradesh Government, for the scale of posts in the Estate Cell with the Public Works Department and for technical staff with the Department of Agriculture/ Horticulture/ Animal Husbandry/ Fisheries or where the University has evolved its own pay scales, the same will be revised by keeping in view the relative position of the pre-revised scales. For lab stream posts the pay scales will be the same as prevalent in the H.P. University, Shimla and UHF, Solan. The rates of local allowances shall be as admissible to the Government servants at the concerned Station of posting. However, the release of a higher scales or allowances will not be automatic consequent upon a revision in the Governments but shall be subject to the approval of the Board of Management. 5.7(1) Posts with a minimum of the time scale of Rs. 12000/-(UGC) or more shall be filled in by direct recruitment. The other post of grade ‘A’ shall be filled in by promotion and direct recruitment in the ratio of 50:50. The posts of grade ‘B’ and ‘C’ shall be filled in by promotion and direct recruitment in the ratio of 75:25 i.e. 75% by promotion and 25% by direct recruitment subject to the conditions that quota for promotion from Grade ‘D’ to the lowest posts of Grade ‘C’ in any cadre of posts shall be limited to 25% of the vacancies. Provided that the posts of Security Supervisor (category ‘C’) shall be filled up through 50% by promotion and 50% by direct recruitment and the post of Assistant Security Officer (Category ‘C’) shall be filled up through 50% by promotion and 50% by direct recruitment. The promotions shall be made in accordance with the promotion rules as prescribed. Provided that the posts of Security Supervisor (category ‘C’) shall be filled up through 50% by promotion and 50% by direct recruitment and the post of Assistant Security Officer (Category ‘C’) shall be filled up through 50% by promotion and 50% by direct recruitment. The promotions shall be made in accordance with the promotion rules as prescribed. Provided that in respects of Non-teaching ministerial and administrative staff, the posts of Deputy Registrars/ Deputy Comptroller and Assistant Registrars, shall be filled in by the promotion and direct recruitment in the ratio of 75:25, i.e. 75% by promotion and 25% by direct recruitment. The posts of Section Officers, Private Secretaries, Superintendents, Personal Assistants, Sr. Assistants and Sr. Scale Stenographer shall be filled in by cent per cent promotion or as applicable in H.P. Secretariat from time to time. The posts of Junior Scale Stenographers shall be filled in by direct recruitment only and the post of Clerks shall be filled in 10% by promotion from grade ‘D’ and 90% by direct recruitment or as applicable in the H.P. Secretariat from time to time. The recruitment to the posts of lab stream except Lab. Attendant, will be made cent per cent by promotion and the posts of Lab. Attendant shall be filled in the ratio of 25:75 i.e. 25% by promotion and 75% by direct recruitment. The promotions shall be made in accordance with the promotion rules as prescribed. It is further provided that the posts of Engineering and Architectural of the Estate Organization of the University will be filled up by promotion or by direct recruitment on the pattern as applicable in the HPPWD from time to time. 3. Needless to say, aforesaid amendment was duly assented by Chancellor of respondent-University on 9.6.2004 and thereafter, the University issued Notification dated 29.6.2004 (Annexure A-5). As per aforesaid amendment, pay scales to laboratory stream of the respondent are to be same as prevalent in HPU and UHF Nauni. Laboratory staff working in different capacities in respondent-University is almost similar to the laboratory staff of HPU which comprises of Laboratory Assistants/Laboratory Attendants (Junior Technician), Senior Technical Assistant Grade II and Senior Technical Assistant Grade I. Laboratory staff as of now existing in respondent-University is as under : Sr. No. Name of the post Non-Selection /Selection Post 1. Senior Technical Assistant Grade I Non-selection 2. Senior Technical Assistant Grade II Non-selection 3. Junior Technician Non-selection 4. No. Name of the post Non-Selection /Selection Post 1. Senior Technical Assistant Grade I Non-selection 2. Senior Technical Assistant Grade II Non-selection 3. Junior Technician Non-selection 4. Laboratory Assistant/Attendant 55%- Direct recruitment 20%-LDR 25% by promotion 5. Laboratory Helper 100% by direct recruitment 4. Since the time of formulation of aforesaid Statute, respondent-University has been paying same pay scales to the members of petitioner association as are being granted to the employees of HPU. Vide office order dated 27.2.2017 (Annexure A-6), respondent-University granted pay scale of Rs.1200-2130 revised to Rs.4020-6200 to Laboratory Assistants/Laboratory Attendants with effect from 1.1.1996 and Rs. 5910-20200+2400 grade pay revised with effect from 1.1.2006 from the dates shown against names of the persons mentioned in the office order. Vide aforesaid office order persons figuring at Sr. Nos. 1 to 3 came to be granted benefit of revision of pay scales on notional basis upto 31.3.1998 and on actual basis with effect from 1.4.1998. As per petitioner, members of association were due to get said pay scales from actual dates of revision of pay scales and respondent-University could not have restricted the financial benefits from initial date by granting the same on notional basis till 31.3.1998. Persons, figuring Sr. No.4 to 18, 20 to 27 and 29 of office order dated 27.2.2017, were not granted benefits from their respective dates of becoming due i.e. on completion of five years service in the cadre of Laboratory Assistants/Laboratory Attendants. Members of petitioner association claiming themselves entitled to benefit of revised pay of Rs.4020-6200 with effect from 1.1.1996 or dates, on which the members completed five years of service and revised pay scale Rs.5910-20200+2400 (grade pay) with effect from 1.1.2006 or the dates when members completed five years of service, filed detailed representation on 8.8.2018(Annexure A-7) to respondent No.1 laying therein challenge to order dated 27.2.2017. To substantiate aforesaid claim petitioners also made available copy of order dated 3.1.2018 in OA No. 717 of 2015 Ramesh Chand Thakur and others vs. Himachal Pradesh University and OA NO. 791 of 2017, wherein directions were issued to Himachal Pradesh University to grant revised pay to employees on the pattern of Punjab university on completion of five years of service in group IV category. Since respondent-University failed to address the aforesaid grievance raised by petitioner association, it by way of detailed representation dated 27.8.2018 (Annexure A-8), again represented to Chancellor of respondent-University. Since respondent-University failed to address the aforesaid grievance raised by petitioner association, it by way of detailed representation dated 27.8.2018 (Annexure A-8), again represented to Chancellor of respondent-University. Vide communication dated 7.9.2018 (Annexure A-9), Chancellor of respondent-University wrote to respondent No.1 to look into charter of demand raised by petitioner through its president, however, the fact remains that no decision ever came to be taken by the respondent and as such, petitioner Association was compelled to approach court of law, praying therein for the reliefs as have been reproduced herein above. 5. Reply filed by respondent-University though suggests that petitioners are entitled to pay scales at par with HPU but benefits being claimed by them were denied for the reason that benefit given by HPU to its employees were pursuant to directions issued by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 717 of 2015 and 791 of 2017 and same was a measure personal to them. Respondent-University has not denied the factum with regard to receipt of representation but has stated that same is pending consideration. 6. In rejoinder to reply, petitioner has placed on record, Office Memorandum for Departmental Promotion Committee held for placement of Laboratory Assistant/Attendants in the pay scale of 1200-3130/- revised to Rs.4020-6200 with effect from 1.1.1996 on the analogy of HPU. 7. Having heard learned counsel for the parties and perused material available on record this court finds that the precise question which has fallen for determination before this court in the instant petition is that, “whether laboratory staff of respondent-University is entitled to revised pay scale granted by HPU to its laboratory staff from time to time and whether decision taken by HPU to grant revised pay scales to its laboratory staff on Punjab pattern is binding upon respondent-University and, whether grant of revised pay scale on Punjab pattern in pursuance to directions in OA No. 717 of 2015 and 791 of 2017 was a measure personal or the same would be also applicable to all the laboratory staff of Himachal Pradesh University and the respondent-University.” 8. Mr. Jiya Lal Bhardwaj, Advocate representing the petitioner association vehemently argued that once in amended Statutes, it has been mentioned that the pay scales of laboratory staff in respondent-University shall be same as prevalent in HPU and UHF Nauni, there is no occasion for the respondent-University to deny said benefits to the members of petitioner Association. Mr. Jiya Lal Bhardwaj, Advocate representing the petitioner association vehemently argued that once in amended Statutes, it has been mentioned that the pay scales of laboratory staff in respondent-University shall be same as prevalent in HPU and UHF Nauni, there is no occasion for the respondent-University to deny said benefits to the members of petitioner Association. He further argued that once the HPU in pursuance to order passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 717 of 2015 and 791 of 2015, granted revised pay scale to its laboratory staff on Punjab pattern, it cannot be said that it was a measure personal, especially when Executive Council of HPU in its meeting held on 17.9.2012 vide resolution No.25 decided to grant revised pay scales to its laboratory and technical staff on the analogy of Punjab University with effect from 1.11.2012 instead of 1.12.2011 (Annexure A-15 and A-17). 9. Ms. Aruna Chauhan, Advocate, while admitting the factum that the petitioners are entitled to pay scales at par with HPU, strenuously argued that no benefit, if any, in terms of orders passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 717 of 2015 and 791 of 2017, can be claimed by the petitioner, whereby revised pay scale was granted to the technical staff of Himachal Pradesh University on the pattern of Punjab University as a personal measure, especially when decision of executive council of the HPU to grant pay scale to laboratory staff on Punjab University pattern was not adopted by the respondent-University. She argued that persons figuring at Sr. NO.1 to 3 (Annexure A-6) have been granted pay scale of Rs.1200-3100 revised to 4020-6200 shown on notional with effect from 1.4.1998 on their eligibility for their placement strictly as per Notification No. Bud-1.221/HPKVV/98/1272-75 dated 27.2.2019, (Annexure A-3), wherein it has been clearly mentioned that as per approval of Finance Committee, financial upgradation shall be granted with effect from 1.4.1998. She argued that as far as granting benefit after rendering five years service in the cadre of Laboratory Assistant/Attendants is concerned, all the incumbents mentioned in office order dated 27.2.2017 have been placed in pay scale of Rs.1200-3130 revised to Rs.4020-6200 strictly as per Notification dated 27.2.1999 against available slots covered under 50% of the posts. 10. She argued that as far as granting benefit after rendering five years service in the cadre of Laboratory Assistant/Attendants is concerned, all the incumbents mentioned in office order dated 27.2.2017 have been placed in pay scale of Rs.1200-3130 revised to Rs.4020-6200 strictly as per Notification dated 27.2.1999 against available slots covered under 50% of the posts. 10. It is amply clear from pleadings adduced on record by parties and submissions made on behalf of their counsel, that from day one i.e. inception of respondent-University, pay scales of laboratory stream in the respondent-University, are at par with pay scales of Himachal Pradesh University. Prior to enactment of 1986 Act, service conditions of employees of respondent-University were being governed by the 1978 Act as well as Statutes framed under aforesaid Act. Under S.54 of the subsequent Act 1986, Statutes came to be formed for appointment of staff in respondent-University and prescribing their qualifications and grant of pay scales. Since laboratory staff of respondent-University and HPU and UHF Nauni was discharging similar functions, respondent-University had been granting similar pay scales to its laboratory staff as were being paid in the HPU, which fact is evident from Notification dated 27.2.1999 (Annexure A-3). Since every time, Notification was required to be issued for adopting pay scales as were given to employees of HPU, from time to time, respondent-University to obviate cumbersome exercise, effected amendments in clauses 5.6(1) and 5.7 vide 33rd amendment, which came to be notified vide Notification dated 29.6.2004 (Annexure A-4). Careful perusal of amendment supra clearly reveals that the pay scales of laboratory staff are to be the same as are prevalent in HPU and UHF Nauni. Notification in this regard came to be issued on 29.6.2004 (Annexure A-5). 11. Though careful perusal of Annexure A-14 annexed with rejoinder, clearly reveals that respondent-University, vide memorandum 8-1062/90-HKV(Estt)/ adopted Notification dated 27.2.1999, adopting the pay scales and designations of HPU but yet it refused to grant revised pay scale to its employees in the laboratory stream as has been granted to its laboratory staff by the HPU, pursuant to directions of erstwhile Himachal Pradesh Administrative Tribunal in OA No. 717 of 2015 and 791 of 2017, on the ground that such grant is a measure personal to the petitioners therein and cannot be extended to the employees of respondent-University automatically. However, this court finds aforesaid ground raised by the respondent-University while denying claim of the petitioner to be wholly untenable for the reason that once it stands provided under amended Statutes that pay scales of laboratory stream of respondent-University shall be at par with the pay scales of HPU and UHF Nauni, respondent-University has no option but to grant pay scales to its laboratory staff of respondent-University, as are being paid in HPU to the corresponding categories. If some revision of pay scales takes place, in the pay scales of the laboratory streams in the HPU and UHF Nauni,, same are also applicable to the employees of laboratory stream in the respondent-University. 12. Once there is a specific provision contained under amended Statutes with regard to the pay scales to be given to the laboratory stream employees of the respondent-University, as prevalent in HPU and UHF Nauni, there is no question, if any of adopting the subsequent decisions, if any, taken by the HPU further revising the pay of its employees in the laboratory stream. In the case at hand, it emerges from the record that some of the employees in the category of laboratory stream in the HPU approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA Nos. 717 of 2015 and 791 of 2017, praying therein to grant pay scales on the pattern of Punjab University. HPU pursuant to directions issued in Original Applications referred to supra, not only granted pay scales on the pattern of Punjab University to the petitioners/applicants, in the aforesaid Original Applications, rather, Executive Council of HPU, in meeting held on 17.9.2012, vide resolution No. 25 decided to grant revised pay scale to laboratory and technical staff on the pattern of Punjab University. 13. Though Ms. 13. Though Ms. Aruna Chauhan, Advocate while referring to the reply filed by her, vehemently argued that the Himachal Pradesh University only granted revised pay scales to the persons, who had approached the Tribunal on the analogy of Punjab University as a measure personal to them but as has been taken note herein above, Executive Council in its meeting held on 17.9.2012, approved grant of revised pay scale to laboratory and technical employees on the analogy of Punjab University, meaning thereby all the laboratory and technical employees of Himachal Pradesh University pursuant to decision taken by Executive Council of Himachal Pradesh University on 17.9.2012 became entitled to grant of revised pay scales on the analogy of Punjab University. 14. Subsequently, the Executive Council of HPU in supersession of Notification dated 6.11.2012, vide resolution No.3, dated 3.1.2004, in supersession of office Notification dated 6.11.2012, approved revised pay scales to laboratory and technical employees of respondent-University on the Punjab University pattern from 1.12.2011 instead of 1.11.2012. Hence, all the laboratory and technical employees of HPU became entitled to revised pay scales with effect from 1.12.2011 on the analogy of Punjab University as a consequence of which, petitioner is right in contending that the employees of respondent-University, whose pay scales are to be same as prevalent in HPU as per amended Statutes are also entitled to revised pay scales on the pattern of Punjab University with effect from the date(s) same are being given to their counterparts in HPU. 15. Though Ms. Aruna Chauhan, Advocate, vehemently argued that the aforesaid decision never came to be adopted by respondent-University, but as has been observed herein above, adoption, if any, by respondent-University of resolution/decision of HPU especially with regard to pay scales/revision of pay scales, is of no relevance, especially when in the amended Statutes, it has been categorically provided that the pay scales of the laboratory staff of the respondent-University shall be at par with HPU, there is no provision in the Statutes, which provides that the respondent-University would be entitled to take an independent decision with regard to adoption of resolution/Notification if any issued by HPU with regard to revision of pay scales of its laboratory staff. 16. 16. Careful perusal of amended clause 5.6(1), as has been taken note herein above clearly reveals that the scales of pay and Recruitment and Promotion Rules of laboratory staff, which includes Laboratory Assistant/Attendants, Junior Technician, Senior Technician Grade II and Senior Technician Grade I shall correspond to the laboratory staff of HPU. The Statutes have consciously used the term “Lab Stream Posts” as such there is no dispute that the duties of laboratory staff in HPU and UHF Nauni, are almost similar to the laboratory staff of respondent-University. 17. Leaving everything aside, it is well settled that the ordinances and Statutes framed by an University have force of law and are binding upon University. Once laws of Universities in the shape of Statutes are framed, they are to be adhered to. Reliance is placed on Dr. (Mrs.) Meera Massey v. Dr. S.R. Mehrotra and others, AIR 1998 SC 1153 . 18. Statutes 5.6(1) and 5.7(1) as taken note herein above, govern the matter under consideration. Clause 5.6(1) conditions and rules for the release of higher scales of pay, provides that the admissibility of special pay and other allowances to the employees shall be the same as applicable from time to time to the employees holding corresponding posts in the concerned Departments of the Himachal Pradesh Government as well as HPU, from time to time. 19. Statute 5.7(1) provides that conditions and rules for grant of scales of pay, admissibility of special pay allowance, shall be same as applicable from time to time to employees holding corresponding posts in Himachal Pradesh Government and Himachal Pradesh University and performing identical duties. Statute 5.7(1) further provides that the recruitment to the posts of lab stream except Lab. Attendant, will be made cent per cent by promotion and the posts of Lab. Attendant shall be filled in the ratio of 25:75 i.e. 25% by promotion and 75% by direct recruitment. 20. Once there is a special provision in the Statutes that the lab stream of respondent-University shall get pay scales at par with their counterparts in HPU, there is no reason for respondent-University to deny the same on the ground that decision of HPU with regard to payment of revised pay scale on the analogy of Punjab University was never adopted by it. Since no choice is left in the Statutes for the respondent-University to differ/disagree with the decision of HPU as far as grant of pay scales is concerned, there is otherwise no requirement, if any, for the respondent-University to adopt the decision to pay revised pay scales to its lab stream employees. However, in the case at hand, reply filed by respondent-University reveals that bare ground to deny aforesaid revision of pay scale is that benefit of pay scale and re-designation is not prevalent in HPU and UHF Nauni and petitioner is not entitled to claim the pay scales and re-designation from it. But as has been taken note herein above, Executive Council of HPU in its meeting held on 17.9.2012, has already decided to revise pay scales of laboratory and technical employees on the analogy of Punjab University with effect from 1.11.2012 instead of 1.12.2011 (Annexures A-15 and A-17). Moreover, it is not in dispute that aforesaid decision taken by HPU to grant revised pay scale to its laboratory staff on the analogy of Punjab University, stands adopted by respondentUniversity as is evident from communication dated 27.2.2017 (Annexure A6), whereby it has granted benefit of revised pay scale to category of Laboratory Assistant/Attendants on notional basis with effect from 1.1.1996 to 31.3.1998 and benefit of revised pay scale on completion of five years i.e. Rs.4020-6200 to the Laboratory Assistant/Attendants and revised pay scale of 5910-20200+2400 grade pay to Laboratory Assistant/Attendants, and as such, ground taken by the respondent-University that the decision of HPU to grant revised pay scale to its laboratory staff is a measure personal pursuant to direction passed by erstwhile Himachal Pradesh Administrative Tribunal in OA Nos. 717 of 2015 and 791 of 2015, falls to the ground. After issuance of aforesaid communication dated 27.2.2017 (Annexure A-6), it is amply clear that lab stream employees of respondent-University are entitled to revision of pay scales as has been done by HPU, but now dispute is with regard to the date(s) from which they are entitled to the same. 21. Once HPU has already decided to grant revised pay scale to its laboratory staff on the analogy of Punjab University, with effect from 1.11.2012, respondent-University in terms of Statute 5.7(1) has no option but to grant revised pay scales to its employees in laboratory stream from due date i.e. 1.11.2012. 21. Once HPU has already decided to grant revised pay scale to its laboratory staff on the analogy of Punjab University, with effect from 1.11.2012, respondent-University in terms of Statute 5.7(1) has no option but to grant revised pay scales to its employees in laboratory stream from due date i.e. 1.11.2012. Though learned counsel for the respondent-University argued that since aforesaid decision has not been adopted by UHF Nauni, respondent-University cannot be compelled to do same, but as has been discussed herein above, respondent-University from the date of its inception has been regularly adopting pay scales of HPU, coupled with the fact that as per amended Statutes, it is bound to grant the pay scales as prevalent in the HPU in the laboratory stream and as such, adoption, if any, of decision taken by the HPU qua the revision of pay scales on the analogy of Punjab University by UHF Nauni, is of no significance. 22. Consequently, in view of detailed discussion made herein above, instant writ petition is allowed. Impugned order dated 27.2.2017 (Annexure A6) is quashed and set aside inasmuch it granted revised pay scales to the laboratory stream employees on notional basis from 1.1.1996 to 31.3.1998. Respondent-University is directed to grant actual benefits to the concerned members of the petitioner Association. Members of petitioner Association are also held entitled to revised pay scale of Rs.4020-6200/- after completion of five years and revised pay scale of Rs.5910-20200+2800 Grade Pay with effect from 1.1.2006. Members of the petitioner Association are also held entitled to the benefits flowing from Annexure A-10 in case of Senior Technical Assistant Grade I, Senior Technical Assistant Grade II, Junior Technician and Annexure A-11 qua the category of Laboratory Assistants/Laboratory Attendants, as per their respective designation, from the date said benefits have been granted by HPU i.e. 1.11.2012, alongwith interest at the rate of 9% per annum, from due date till realisation. Similarly, members of petitioner Association are also held entitled to the benefits in terms of Annexure A-13, dated 11.10.2017. The petition stands accordingly disposed of alongwith all pending applications.