LALSHANKER A SUTHAR Vs. GUJARAT AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner, an Ex-employee of the State of Gujarat and now the employee of the Gujarat Agricultural University, Banaskantha, by this petition under Article 226 of the Constitution is praying for direction to the respondents No.1 and 2 to fix his pay in the revised pay scale of Rs.425-700 and to give him all the consequential benefits flowing therefrom.

(2.) The facts of the case, in brief, are that the petitioner was appointed as Laboratory Technician on 1-9-1967 in the Agriculture and Cooperative Department to work under the Directorate of Animal Husbandry. At the relevant time, the Gujarat College of Veterinary Science and Animal Husbandry was run by the Government of Gujarat. The petitioner was appointed in the scale of Rs.185-15-230-15-270. Along with the petitioner, four other persons were also similarly appointed as Laboratory Technicians. The four other persons were Science graduates. However, the petitioner was a Inter-science with one necessary Diploma course. Under the recommendations of Sarela Pay Commission which were made effective from 1-8-1970 the pay scale of the petitioner of Rs.185-270 was revised to Rs.200-430. The pay of all the five persons including the petitioner was fixed in the revised pay scale of Rs.200-430 w.e.f. 1-8-1970. The Gujarat Agricultural University Act, 1969 was enacted under which the Gujarat Agricultural University was constituted as a Corporate body. The Gujarat College of Veterinary Science and Animal Husbandry was transferred to the Gujarat Agricultural University on its formation. By virtue of the provisions as contained in section 51 of the Gujarat Agricultural University Act, 1969, the existing staff of the Gujarat College of Veterinary Science and Animal Husbandry which includes the petitioner and four other persons who were appointed along with him stood statutorily transferred to the University. The petitioner and four other persons became the employee of the University. The Sarela Pay Commission has not drawn any distinction whatsoever for fixing of the pay scale of Laboratory Technicians in the Animal Husbandry Department on the basis of qualifications. So all the five persons were given the same pay scale irrespective of the fact that they were having different qualifications. The services of the petitioner and four other were transferred to the University w.e.f. 15-5-1972. The Desai Pay Commission was there and on the recommendations of the said Commission, the pay scales of the Government employees were revised and accordingly the pay scale of the Laboratory Technicians in the Animal Husbandry Department came to be revised from Rs.200-430 to Rs.425-700. This recommendation was given effect to from 1-1-1973. The respondent No.1 under its office order dated 18-1-1977 instead of extending the benefits of the revised pay scale of Rs.425-700 to the petitioner has fixed the pay scale of the petitioner at Rs.380-600 whereas the four other persons who were appointed along with the petitioner and were at par with him in all respects were given the pay scale of Rs.425-700. Hence, this special civil application before this court.

(3.) The respondent-University filed reply to the special civil application and contested the same. The State of Gujarat has not chosen to file reply to the special civil application.