RAJASTHAN AGRICULTURAL UNIVERSITY BIKANER Vs. MITHA LAL KOTHARI

JUDGEMENT

(1.) Prior to 27th of December, 1975 the respondents in all these appeals were working in the Directorate of Agriculture, Government of Rajasthan. On 27-12-1975 the State Government issued an order transferring all research activities of the Directorate of Agriculture in the Agricultural Department of the State Government to the University of Udaipur with effect from 1st of January, 1976. The appellant-University to the successor of the Udaipur University as far as the respondents are concerned. For the sake of convenience, therefore, the term "the University" is used hereafter which will cover the Udaipur University or the appellant-University, as the case may be, at the relevant time.

(2.) Clause 6 of the order of 27-12-1975 stated that the service of the Government servants employed in the research wing of the Directorate of Agriculture shall be transferred to the University on the terms and conditions mentioned therein. Under sub-clause (i) of Clause 6 (1) , all permanent Government servants and temporary Government servants who had been regularly recruited and appointed to the various categories of posts in the agricultural research section of the agricultural department stood transferred to the University. Pending final absorption in the University, the staff was to be on deputation to the University but no deputation allowance was to be paid. It was further provided that the personnel engaged in research in the State Directorate of Agriculture would have the choice of joining the University or in the alternative would be retrenched.

(3.) Sub-clause (3) of Clause (6) provided for protection of pay and scale of pay by the University while sub-clause (4) of Clause (6) set out the method of equation of posts under the Government versus posts in the University for the purpose of initial integration. These two sub-clauses as follows :-