LAWS(BOM)-2002-11-81

NAGPUR UNIVERSITY OFFICERS ASSOCIATION, THROUGH ITS SECRETARY, NAGPUR UNIVERSITY AND ORS. Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, EDUCATION DEPARTMENT AND ORS.

Decided On November 27, 2002
Nagpur University Officers Association, Through Its Secretary, Nagpur University And Ors. Appellant
V/S
State Of Maharashtra, Through Its Secretary, Education Department And Ors. Respondents

JUDGEMENT

(1.) PETITIONER No. 1, a registered association of the employees of the Nagpur University alongwith some of its members have approached this Court challenging the action of the respondent No. 3 - University of not implementing the resolution/decision passed by the Executive Council of Nagpur University to grant pay -scales to its non -teaching officers/staff on par with the University teaching staff. Petitioners have also challenged the alleged inaction on the part of the respondent/State Government to grant necessary sanction to the decision of the University referred to above for giving effect and implementing the said resolution/decision for the benefit of the non -teaching staff. Petitioner Nos. 2, 3, 4 and 5 respectively held the substantive posts of Deputy Registrar, Assistant Registrar, Garden Superintendent and Press Superintendent. The petitioner No. 1 has, therefore, filed this Petition in a representative capacity also.

(2.) IT is the contention of the petitioners that till October 25, 1987, the non -teaching officers' posts were at par with the alleged equivalent posts of the teaching staff, for the purposes of pay -scale. Petitioners' contention is that the post of the Registrar of the University was equal to that of Professor in the University, the post of Deputy Registrar was equivalent to that of Reader and the post of the Assistant Registrar was equal to the post of Lecturer.

(3.) ACCORDING to the petitioners, prior to the year 1977 these posts i.e. on administrative side non -teaching posts referred to above were on par with the posts with the teaching side so far as the pay -scale was concerned. Petitioners, no doubt, have in their petition shown in tabular form as to how the posts were treated equal so far as regards the pay -scale was concerned. The same is reproduced as under: Pay Scales of Non -teaching and teaching staff prior to 1.4.1976