JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY Vs. T SUMALATHA

JUDGEMENT

(1.) Respondents 1 to 4 were appointed as Investigators on a consolidated pay in the Nodal Centre set up in the appellant-University under a scheme known as National Technical Manpower Information System (NTMIS) sponsored by the then Ministry of Education and Culture, Government of India. They are all Graduates. They were appointed on various dates between 1985 and 1991. Initially, their appointment was for 89 days and their services were being extended from time to time on similar terms. The consolidated pay was revised twice and with effect from 7-3-1997 they have been drawing a sum of Rs. 2,475 p.m. as lump sum pay. The 5th respondent was appointed as Attender-cum-Sweeper in the year 1986 initially on daily-wage basis. Later on, she was placed on consolidated pay and her appointment too was being renewed from time to time. It is not in dispute that they were all appointed by the competent authorities of the University and the administrative control rests with the University.

(2.) It is seen from the communication dated 9th November, 1983 from the Union Ministry of Education that a scheme known as National Manpower Information System was evolved by the Government of India. Its objective is "to provide up to date and meaningful manpower information on a continuing basis to enable the concerned authorities to anticipate areas of growth in the field of Science and Technology and consequently plan for technical manpower development on the proper lines". Under that scheme, the NMIS will have a Lead Centre in the Institute of Applied Manpower Research attached to the Ministry of Education and 17 Nodal Centres in the selected higher institutes of Engineering and Technology. The Lead Centre will be coordinating with the functions of various Nodal Centres and oversee the proper functioning of those Centres. The appellant, JNT University, Hyderabad is one of the institutions selected for the establishment of Nodal Centre. The Nodal Centres would be mainly concerned with the collection of data and the preliminary processing of data so as to make it suitable for further processing in a computer. The Nodal Centre is also expected to undertake analytical work wherever required. An advisory body has been formed for each State so as to provide guidance and support to the Nodal Centres. The Head of the institution of the Nodal Centre, the Director of Technical Education of the State and some other officials are its members. Nodal Centres were authorized to appoint the staff - Project Officer (Reader), P. A., Computer Operator and Research Associate (one post each) for whom the Scales of Pay are specified. It appears that these posts were filled up by drawing the personnel from University on deputation. We are more concerned here with para 5 of the scheme which reads as follows :

(3.) It appears that the Nodal Centre was sanctioned initially for a period of one year and nine months. However, it is being continued. It is not in dispute that the Nodal Centre is financed entirely by the Ministry of Education which releases the grants from time to time. The allocation of funds for various items of expenditure including staff salaries is specifically mentioned in the order releasing recurring grant. The consolidated pay was enhanced by the Government of India on two occasions, while releasing the grants. As the Post Graduate Engineering Students referred to in para 5 of the scheme was not available, respondents 1 to 4 were recruited as Investigations on consolidated pay.