ARVIND MANISHANKER TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners the office bearers of Saurashtra University Affiliated Colleges Non-Teaching Staff Association have challenged and Prayed for quashing the Government Resolutions dated October 18 19/04/1978 April 12 1978 and 5/03/1979 as arbitrary . without jurisdiction and contrary to the Ordinance No. 189 issued by the Saurashtra University and also for direction to the respondents not to compel the petitioners to exercise the option as per G. R. dated 5/03/1979 by which the petitioners are compelled to exercise the option to accept the pay scales and also for direction that the deeming fiction in the G. R. dated 5/03/1979 should not be considered as operative.

(2.) The Saurashtra University is incorporated by the provisions of Sec. 3 of the Saurashtra University Act. Various Colleges are affiliated to the Saurashtra University and they are the Government Colleges well as the Colleges run and managed by the Trust or registered Societies. The Syndicate of the Saurashtra University exercise its various powers as envisaged in Sec. 20 of the Act. The Syndicate of the Saurashtra University can appoint teachers and servants of the University fix their emoluments and define their duties and the condi- tions of their service and discipline. The Syndicate has also certain powers relating to the affiliated Colleges including the powers of ensuring the proper conditions of employment for members of their staff. In Saurashtra University certain Colleges are under the direct control and management of the Government while the rest of the affiliated Colleges are run and managed by the Trust or registered Societies. Such Colleges are having teaching and non-teaching staff members. The present petition is pertaining to the pay scales and allowances of non-teaching staff members of such affiliated Colleges.

(3.) Because of the recommendations of Dr. Samuel Paul Committee and various Government Resolutions which I shall discuss at the relevant stage grant-in-aid is given by the Government to the affiliated non-Government Colleges to meet the expenses of pay etc. While laying down the policy of the grant-in-aid the Government also issued several Circulars fixing the pay scales of the non-teaching staff of the affiliated Colleges for the purpose of the grant-in-aid. As the Second Pay Commission headed by Justice D. A. Desai was appointed and the recommendations were accepted by the Government and made applicable from 1-1-1973 the non-teaching staff members of the affiliated Colleges also insisted for such pay scale. On representation the Government extended the said pay scales for non-teaching staff of the affiliated Colleges for the purpose of grant-in-aid on several conditions. Meanwhile the Saurashtra University issued Ordinance No. 18 9/04/1974 fixing the pay scales of certain cadres of the non-teaching employees on the state of the Colleges affiliated to the Saurashtra University. So far as that pay scales were concerned they were almost on parity with the pay scales recommended by the Second Pay Commission. The Saurashtra University however amended the said Ordinance and by Ordinance No. 189 3(A) dated 9/02/1977 fixed different pay scales of such employees as applicable from 1/04/1974 Pay scales of certain cadres viz. Registrar Accountant and others as specified in the said Ordinance are higher than the pay scales recommended by the Second Pay Commission and accepted by the Government by the Gujarat Civil Services (Revision of Pay) Rules 1975 As stated above the Government by various Resolutions fixed the pay scales of the employees of such affiliated Colleges mostly on parity with the pay scales prescribed by the Gujarat Civil Services (Revision of Pay) Rules 1975 for the purpose of grant-in-aid. The petitioners and similarly situated employees had a grievance as the pay scales prescribed by the Government for the purpose of grant-in- aid are lower than the pay scales prescribed by the University under Ordinance No. 189. The Government bad given the option to the non- teaching staff of such affiliated Colleges for accepting the pay scales prescribed by the Second Pay Commission i. e. by the Gujarat Civil Services (Revision of Pay) Rules 1975 with effect from 1-1-1973 or to Continue in the existing scales (existing as on 31-12-1975) but as the affected employees made a representation as the said option would work harsh against them and requested for the option from the date which may be beneficial to them the Government directed that the non-teaching staff of such Colleges may be given option to opt for new scales from the date beneficial to them but it shall be with reference to the pay scales in force on 31/12/1972 or the pay scales revised by the Universities thereafter excluding the pay scales revised by some of the Universities on the basis of the pay scales recommended by the Second Pay Commission for the University staff. It was also directed that the option should be exercised within a period of two months from the date of the order failing which they shall be deemed to have opted for the revised pay scales. The petitioners have grievance as they are compelled to give option as according to them the University is the only competent body to fix the pay scales and the University in exercise of the powers conferred by statute has fixed the pay scales and therefore they are entitled to the said pay scales nor can they be compelled to exercise the option. According to the petitioners the Government has powers to issue Government Resolutions only for the purpose of governing their relationship between the management of the private affiliated Colleges and the Government in respect of the grant-in-aid and cannot issue G. R. or orders to deter- mine the pay scales of the petitioners and other members of the non- teaching staff of the private affiliated Colleges whose conditions of service are lawfully laid down by Ordinance No. 189. According to them the Government or the University or the respondent-Colleges cannot compel the petitioners to opt for the pay scales which are lower than what the petitioners are receiving. The apprehension of the petitioners is that not only their pay scales will be reduced but recovery will also be made from them. The petitioners have accordingly challenged the above referred Circulars and the directions issued.