LAWS(GJH)-2017-10-26

RAKESH H PREKASH Vs. GUJARAT AGRICULTURAL UNIVERSITY

Decided On October 13, 2017
Rakesh H Prekash Appellant
V/S
GUJARAT AGRICULTURAL UNIVERSITY Respondents

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicants, serving as the Veterinary Officers/ Senior Research Assistants, with the Gujarat Agricultural University, have prayed for the following reliefs;

(2.) The writ applicants herein seek to challenge the action of the respondent-authorities of not granting the benefits of the recommendations of the 5th Pay Commission though such benefits have been extended to all the equivalent officers working with the State Government. It is the case of the writ applicants that, initially, the pay scale in the cadre of Veterinary Officers/Senior Research Assistants was Rs.1640- 2900, and vide the Revision of Pay Rules, 1987, the pay scale came to be revised to Rs.2000-3500 with effect from 01.01.1986. It is their case that while the employees of the State Government, who are working in the cadre equivalent to the cadre of the Veterinary Officers/Senior Research Assistants, have been granted the benefits of the revision of pay as directed by the 5th Pay Commission, the petitioners are being denied the same from 01.01.1986 only on the ground that the revision of pay, according to the Revision of Pay Rules, 1987, from 1640-2900 to 2000-3500 had not been preferred by the Government and, therefore, the petitioners are not entitled.

(3.) It is pointed out that during the pendency of this petition, the petitioners were served with the report of the Pay Anomaly Committee along with the report of the Cabinet Sub- Committee. The Pay Anomaly Committee, in its report, considered the issue, which is the subject matter of this petition and recommended the following;