ACHAL K. GOYAL Vs. GURUKUL KANGRI UNIVERSITY

JUDGEMENT

(1.) In this writ petition the petitioner seeks a writ of mandamus commanding the respondent to revise and re-fix his pay scale in the pay band of Rs.37,400.0067,000 with Annual Grade Pay of Rs.9000.00 at par with the revised Reader's scale of pay, as re-fixed by the U.G.C. by implementing the 6th Pay Commission recommendations; and a mandamus commanding the respondent to give the balance amount of arrears, while re-fixing and revising the petitioner's pay scale in the pay band of Rs.37,400.0067,000 with Annual Grade Pay of Rs.9000.00 (Reader's scale).

(2.) Facts, to the extent necessary, are that, on a Computer Centre being established in the respondent-University, an advertisement was issued on 27/5/2000 inviting applications for various posts including that of a System Manager, for the Computer Centre in the Reader's Scale. The petitioner was appointed as a Systems Manager vide proceedings dtd. 28/9/2000; by the appointment letter issued by the Registrar, the petitioner was informed that he was being placed in the pay-scale of Rs.12000.00420-18300. It is the petitioner's case that, consequent on his appointment as a Systems Manager, he also used to teach graduate and Post-Graduate students (B.Sc. Computers, P.G. Diploma in Computer Science, M.C.A., M.Sc. etc.), along with other duties and job responsibilities; he is, presently, the head of the Computer Centre of the respondent-University; even before the 6th Pay Commission recommendations were implemented, the respondent-University had enhanced the pay-scale of Readers of the University, including the petitioner, to the tune of Rs.14000.00 w.e.f. 24/1/2009 as an interim measure; he was given this benefit of Rs.14,000.00 since he was in the equivalent cadre of a Reader; the UGC implemented the 6th Pay Commission recommendations in the year 2009, and the first and second installment of arrears was given to all employees as an interim measure; the petitioner was also given the first and second installment of arrears, corresponding to the Reader's pay; despite his repeated requests, he was not given the third installment worth Rs.64000.00; a letter was sent to him by the respondent-University on 22/2/2012 regarding re-fixing his pay-scale from 12000-420-18300 to 15600-39100 with Grade Pay of Rs.7600.00; the re-fixation was done in terms of the UGC guidelines dtd. 30/9/2011; he submitted his objections thereto, and sought re- fixation of his pay, in the pay band of Rs.37400.0067000 with Annual Grade Pay of Rs.9000.00, in the light of table no. 4 of the UGC guidelines applicable to the Reader's grade; the second respondent, vide letter dtd. 30/4/2012, informed him that his pay-scale has been amended and re-fixed in accordance with the UGC letter dtd. 30/9/2011; re-fixation and revision of pay-scale of the petitioner is illegal since such re-fixation was applicable only to non-teaching staff; as he was appointed as a academic i.e. in a non-vocation academic post in Reader's scale, his post could not have been treated as a non-academic post, or he as a non-teaching staff of the University; the staff of the Computer Centre in the University hold non-vocation academic posts, though their timings and holidays are as those of administrative posts in the University; they are, however, given other benefits like study leave, participation in conferences etc. like that of teachers; the guidelines of the UGC dtd. 30/9/2011 apply to non-teaching staff Class-A posts of the University, and it is not applicable to the post held by the petitioner which is a non- vocation academician post; and System Managers, in other Central Universities and Research Laboratories, are re-designated as Senior Scientist, and have been fixed in the pay-band of Rs.37400.0067000 with Annual Grade Pay of Rs.9000.00.

(3.) The stand of the respondent-University, on the other hand, is that the UGC had accorded sanction for installing a Computer Centre at a total cost of Rs.10.00 lacs; the petitioner was appointed as a System Manager in the pay-scale of Rs.12000.00420-18300; the subject Computer Centre is a Level-A Computer Centre, and the petitioner was posted as a System Manager therein; the post of System Manager is a non-teaching post; the letter of the Government of India dtd. 4/6/2009, regarding revision of pay of teachers and equivalent cadre in Universities and Colleges and also for the post of RegistrarDeputy Registrar, clearly suggests that the pay-scale of Reader's, which was 12000-420-18300, had been revised in the pay-scale of 15600-39100 with Annual Grade Pay of Rs.8000.00; the same pay-scale, in the matter of non-teaching personnel, carries the Grade Pay of Rs.7600.00; UGC had framed Regulations for teachers and other academic staff in Universities and Colleges, in which the post of System Manager is not included, meaning thereby that the said post is a non-teaching post; the UGC had, in its communication dtd. 30/9/2011, directed that the revised pay band of Rs.12000.0018300 was Rs.15600.0039100 with Grade Pay of Rs.7600.00; while the petitioner was placed in the Reader's pay-scale, he was not appointed as a Reader; he was, therefore, not entitled to be placed in the pay-bands applicable, under the 6th Pay Commission, for teaching staff; and he would be governed by the pay-bands of non-teaching staff.