KANAKROY H DAVE Vs. VICE CHANCELLOR

JUDGEMENT

(1.) At the time of filing this petition, the petitioner was serving as a Director of Youth Welfare in the Gujarat University, Ahmedabad. The petition is filed in order to get appropriate pay scale prescribed for the said post. It has been pointed out by both the sides appearing in this matter that during pendency of this petition, the petitioner has already retired and that now the question which is required to be decided by this Court is regarding the fixation of pension of the petitioner on the basis of the relevant pay scale.

(2.) The petitioner was initially appointed as an Assistant Director of Youth Welfare in the year 1962. It seems that the Youth Welfare Committee passed a resolution in February, 1962 to start a new department for students welfare and, accordingly, one post of Assistant Director of Youth Welfare was created. As pointed out in para 4 of the petition, the petitioner resumed his duties on 1.10.1962 and the petitioner continued to function as an Assistant Director of Youth Welfare, and the Director of Physical Education was looking after the Youth Welfare Activities by discharging additional duties for the same. On 20.9.1980, the Executive Council of the University passed a resolution to separate youth welfare activities from physical education and it was decided to create a new post of Director of Youth Welfare to look after the Youth Welfare Department and to abolish the post of Assistant Director of Youth Welfare. The said resolution was passed by the Executive Council of the University on the ground that the Youth Welfare Activity is increasing and strength of students is also increasing day-by-day and under these circumstances, it was decided to bifurcate the post of Director of Physical Education by separating youth welfare activities from the Director of Physical Education and accordingly it was decided to create the post of Director of Youth Welfare substantively in the pay scale of Rs.1100-1600. As stated earlier, the resolution in this connection was passed on 20.9.1980 and for that purpose approval of the State Government was also sought for and recommendation was also sent to the State Government. The said resolution of the University is annexed at page 19 Annexure C to the petition. Since at the relevant time, the petitioner was discharging the duties as Assistant Director of Youth Welfare and since it was decided to abolish the said post, the University passed an order on 22.6.1981 by which the post of Assistant Director of Youth Welfare was re-designated as Director of Youth Welfare. The petitioner who was at the relevant time serving as Assistant Director of Youth Welfare was accordingly appointed as Director of Youth Welfare in view of re-designation/upgradation of the post of Assistant Director of Youth Welfare. The petitioner was accordingly informed about the said fact by letter dated 22.6.1981, which is at Annexure "D" (page 20) to the petition. As pointed out earlier, for the aforesaid post of Director of Youth Welfare, the pay scale was prescribed as Rs.1100-1600. The petitioner was informed about such appointment which was made subject to the approval of the State Government. It seems that in the meanwhile, the University revised the pay scale of Rs.1100-1600 to Rs.1300-1700. The said decision was taken by the Executive Council in connection with the revision of pay scale in its meeting held on 12.12.1981. However, at the time taking the said decision, the petitioner was already designated as Director of Youth Welfare and the University sanctioned his pay scale as Rs.1100-1600, which was stated to be revised to Rs.1300-1700, as stated earlier. The University thereafter was awaiting sanction from the State Government in connection with the fixation of the pay scale but the Government, at the time of filing of the petition, had not taken any decision approving the said scale as recommended by the University.

(3.) The grievance of the petitioner is that even though the petitioner was appointed as Director of Youth Welfare in view of the resolutions passed by the authority of the University, the prescribed pay scale of the post was not given to him at all and he was continued in the pay scale prescribed for the post of Assistant Director of Youth Welfare. According to the petitioner, since the post of Assistant Director of Youth Welfare on which the petitioner was substantively appointed was abolished by the University, the petitioner was rendering his services on the post of Director of Youth Welfare. The Vice Chancellor of the University by his letter dated 5.12.1986 also requested the Education Minister to give sanction to the post of Director of Youth Welfare and also to sanction the prescribed pay scale i.e. Rs.1300-1700 for the said post, which the petitioner was holding at the relevant time. Since at that time no decision was taken by the Government, the petitioner approached this Court by way of this petition.