SUBHASH CHANDRA KHURANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all 18 petitioners, who were Lecturers in the Faculty of Technology & Engineering, M.S. University, Baroda, have filed this Special Civil Application and prayer has been made for quashing of the G.R. dated 8.3.1979 issued by the Government of Gujarat in so far as it prescribes the pay scale of Rs. 650-1040 only for Sr. Instructors who are the degree holders and for quashing and setting aside of the consequential order dated 22.12.1979 issued by the Registrar, M.S. University, Baroda, implementing the aforesaid pay scale from December, 1979.

(2.) The petitioners were initially appointed in the designation of Sr. Instructors in the Faculty of Technology & Engineering, M.S.University, Baroda, in the pay scale of Rs. 300-600. They have been appointed after having been selected. The petitioners have come up with a case that in the Faculty of Technology & Engineering, there was no post of Assistant Lecturer. The counsel for the respondent also fairly conceded that in this faculty the post of Assistant Lecturer was not there and in the year 1966, the pay scale of the post of Sr. Instructor in the Faculty of Technology & Engineering was of Rs. 300-600. The Baroda University Teacher's Association made a representation to the University in the matter of redesignating the Assistant Lecturers and Sr. Instructors and the syndicate has taken a decision in this respect and a copy of the same has been filed by the petitioners as Annexure 'A'. I do not consider it necessary to go on this decision of the syndicate in depth, as I am of the opinion, that the matter deserves to be sent back to the Government for reconsideration.

(3.) It is not in dispute that the pay scale of the post of Assistant Lecturer at the relevant time was Rs. 300-600. The petitioners were given the benefit of this resolution Annexure 'A' with effect from the dates as given out in Annexure 'B' and they were enjoying that benefits since those dates. The Government under its resolution dated 15th December, 1977 resolved to revise the pay scale of the post of Lecturer in the University and affiliated colleges including the Government colleges to Rs. 700-1600. However, it is resolved under the said resolution that all the Assistant Lecturers in the lower pay scales shall be eligible for the pay scale prescribed for the Demonstrator/Tutor i.e. Rs. 500-900. The dispute arises from the order dated 8th March, 1979 of the Government under which the pay scale has been revised of the Teachers in the Faculty of Technology & Engineering, M.S. University, Baroda. The pay scale of Sr. Instructors has been prescribed to be Rs. 650-1040 for degree holders and that order has been sought to be implemented by the University by reducing the pay scale of the petitioners. The petitioners on that date were already working in the pay scale of Rs. 700-1600. The petitioners have filed representation in this respect, but nothing has been done. Hence, this Special Civil Application.