S G S KHANNA HALDWANI Vs. VICE CHANCELLOR

JUDGEMENT

(1.) S. H. A. Raza, J. The petitioner, who was holding Ph. D. Degree, even before his appointment as Assistant Professor in G. B. Pant University of Agriculture and Technology, Pant Nagar, Nainital, has staked the claim for fixing his pay scale at par with his juniors with effect from 1-1-1973 in view of the recommendation made by the O. S. Misra Committee.

(2.) THE said claim is based on the decision of the University to give an incen tive to those Assistant Professors who have not obtained the Ph. D. Degree before their appointment as Assistant Professor and during the tenure of their office as Assistant Professor, did research work and obtained the Ph. D. Degree. THE said incentive of the grant of three notion al increments was given by the University to encourage the Assistant Professors to carry on research work. THE Asstt. Profes sors who had obtained Ph. D. Degree before their appointment including the petitioner, staked the claim for payment of the said increment to them as well as they had obtained the Ph. D. Degree. THE petitioner preferred a representation to the Vice-Chancellor in that regard which was rejected in the year 1978. He then approached the Chancellor by making representation which was remitted to the Vice-Chancellor for consideration. THE Vice-Chancellor, in view of his earlier order passed in the year 1978, rejected the representation of the petitioner on 1-12-1986.

(3.) WITHOUT entering into the factual matrix as set out in the writ petition, we are of the view that the petitioner ought to have preferred a representation to the Chancellor in accordance with Section 23 of the U. P. Agricultural Universities Act. Although, the petitioner has preferred representation to the Chancellor. But the Chancellor instead of deciding the same, remitted it to the Vice-Chancellor, who has rejected the same. The petitioner has, however, an opportunity of filing repre sentation to the Chancellor under the said Section which is reproduced below: "23. If any question arises whether any person has been duly elected or appointed as or is entitled to be a member of any authority or other body of the University, or whether any decision of any authority or other body of the University, or whether any decision of any authority or officer of the University is in con formity with this Act or the Statute or the Regulations, the matter shall be referred to the Kuladhipati (Chancellor) and the decision of the Kuladhipati (Chancellor) thereon shall be final. "