G S TAYAL Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:- "PRAYER

(2.) The facts as noted from the writ petition are, that the Jawaharlal Nehru University ('JNU' in short) was established n the year 1969. There were three cadres Ministerial staff, Secretarial Staff and Accounts staff. The petitioner was appointed as LDC, which was in the Ministerial staff. On qualifying the examination conducted by the respondent University, the petitioner was promoted as Assistant. After a gap of time, the respondent University conducted written examination for promotion to the post of Senior Assistant and on qualifying the same, the petitioner was promoted as Senior Assistant with effect from March 17, 1975 in the pay scale of Rs.425-800/-. It is the case of the petitioner that his counterpart Mrs. V.B. Vohra, who was in the Accounts cadre, was promoted as Assistant and thereafter Senior Assistant with effect from June 18, 1975 in the same pay scale of Rs.425-800/-. Later on, both of them were promoted as Section Officer in their respective cadre in the pay scale of Rs.650-1200/-, which was later converted to Rs.800-1350/-.

(3.) It is averred, in the year 1991, the University abolished the cadre system and merged all the aforesaid three cadres into one cadre i.e General cadre. After the merger of cadres, the petitioner and Mrs. Vohra were granted second ACP in the pay scale of Rs.3000-5000/- and were designated as Assistant Registrar (Desk)/Assistant Finance Officer (Desk)/ Administrative Officer (Desk). The pay scale was revised to Rs.10000-325-15200/- in terms of the Fifth Pay Commission recommendation. It is averred that because of merger of the cadres into one cadre, anomaly had accrued, inasmuch as some of the senior secretariat staff members made representation that they being senior, were drawing less pay than the Ministerial staff/Accounts staff. The University considered the representation and granted the erstwhile Secretarial staff pay parity i.e stepping up of the pay of 19 secretarial staff at par with the respective counterparts of Ministerial staff/Accounts staff with effect from January 01, 1996 in the then scale of Rs.10000-325-15200/-. It is averred that the payment of arrears of the enhanced salary was made to them.