Y VENKATASWAMY REDDY Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) PETITIONER-Y. Venkataswamy Reddy is challenging an endorsement dated 6-11-2001 issued by the respondent 1 in terms of Annexure-B by issue of a writ of certiorari. Petitioner also seeks a mandamus to pay to the petitioner salary, allowance and increments in the pay scale of Rs. 3700-5700 from 2-9-1988 till 31-12-1995 and in the pay scale of Rs. 12000-18300 from 1-1-1996 and onwards, with interest at 18 per cent per annum.

(2.) FACTS in brief are as under: petitioner is holding a degree in B. E. in Mechanical Engineering conducted by the University. He joined the services of the University as laboratory Assistant by direct recruitment in 1972. He passed his M. E. degree examination securing first class in 1990. University has made a statute governing admission to various posts in the University vishweshwaraiah College of Engineering and the Central College. In terms of the statute, qualifications and minimum experience is prescribed. Mode of appointment for the post of Workshop superintendent was by way of qualification, qualification being first class or second class in Mechanical Engineering degree. In addition, applicants shall have at least 5 years experience in the maintenance of workshop, particularly in the erection and repair of machinery. Preference is for M. E. degree in Engineering, in addition to which, teaching experience was also desired. Experience of 2 years was made essential. Post of Workshop Superintendent carries a pay scale of Rs. 600-1150 in terms of pre-1970 pay scale of Government of Karnataka. Under 1970 pay scales, it was revised to Rs. 700-1250. Both in pre-1970 pay scales also under 1970 pay scales the scale of pay of Workshop Superintendent was identical with that attached to the post of Reader in the University. Notification dated 1-7-1991 in terms of Annexure-B supports the contention of the petitioner. This notification shows that the post of workshop Superintendent carries the same pay scale as that of Reader. Petitioner is working as Workshop Superintendent uninterruptedly for several years. The Syndicate of the University in its meeting held on 18-3-1994 resolved to grant regular promotion to the petitioner to the cadre of Workshop Superintendent with effect from 2-9-1988. The syndicate also resolved that the cases of remaining two Laboratory assistants may be considered for selection as Lecturers under direct recruitment. Annexure-C is the order of the Syndicate. Petitioner though was holding the post of Workshop Superintendent, which is equivalent to the post of Reader, was not provided the pay scale as applicable to the post of Reader. He made a representation on 28-7-1994. Annexure-E is a recommending letter by the Principal in the matter of granting pay scales of Reader to the petitioner. Petitioner was assigned the pay scale by the Bangalore University. It granted the pay scale of rs. 2000-3750 with effect from 2-9-1988 to 30-6-1993 and Rs. 2150-4200 with effect from 1-7-1993. Annexure-G is the order issued by the university in the matter of promotion of Workshop Superintendent assigning the same scale of pay which he was drawing prior to his promotion. The Principal of the College issued a letter to the Registrar seeking for extension of the pay scale of Rs. 3700-5700 to the petitioner without delay. Petitioner also made a representation in terms of annexure-J. Annexure-K stipulates norms and standards fixed by All india Council for Technical Education, Clause 8. 11 of which deals with workshop Superintendent. In the norms it is stated that Workshop superintendent shall be of the level of the Assistant Professor. Assistant professor's scale is Rs. 3700-5700 and its revised pay scale being 12000-18300 in terms of Annexure-L. Bangalore University addressed a letter in the matter of revision of pay scales of the petitioner to the Government. Thereafter, petitioner was given an endorsement dated 14-5-1999. The said endorsement says that the petitioner is deemed to have been promoted to officiate as workshop Superintendent as required under Section 50 with effect from 2-9-1988. But, without any financial commitment. Thereafter, the university constituted a Committee to look into the demand of the non-teaching technical staff of the Departments of the University vishweshwaraiah College of Engineering. A report was submitted in favour of the petitioner. Thereafter, petitioner made one more representation with regard to his pay scales. He received a negative endorsement at the hands of the University. With these facts, petitioner is seeking various prayers.

(3.) UNIVERSITY has entered appearance and it refers to various material facts, It says that one Mr. Chandrasekhar was not extended the pay scale of Reader as the State Government has not extended the scale of Reader to the Workshop Superintendent as the post comes under non-teaching staff. The University also says that the scale of ugc/aicte was not duly extended to the Workshop Superintendent by the Government. Though Pranesh Committee recommended for extension of the pay scale, the same has not been accepted by the government. The Government in its Endorsement states that the post of workshop Superintendent cannot be equated even with that of Lecturer. UGC/aicte has not extended its pay scale to Workshop superintendent. Government also says that the case of the petitioner does not merit consideration. University entirely depends upon the rejection by the Government.