VIRENDRA SHANKARRAO GONGE Vs. STATEOF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition filed under Article 226 of Constitution of India, the petitioners employees of Respondent No.2 Punjabrao Krishi Vidyapeeth, working as Senior Research Assistants have sought deletion of condition of five years experience imposed for getting pay-scale of Rs.680-1250 in the same cadre.

(2.) It is not in dispute that all the petitioners are duly qualified and have been selected as Senior Research Assistants on the basis of Post Graduate Degree i.e. M.Sc. (Agriculture) held by them. It is stated that before pay revision, as per recommendations of Bhole Pay Commission's Report, the pay scale of Senior Research Assistants was Rs.275-480 and that of Desk Officer was Rs.260-430. The pay scale of Desk Officer after 1976 has been revised to Rs.600-1150. The pay scale of Senior Research Assistants stood revised to Rs.500-900 initially and thereafter to Rs.550-900 from 1.5.1981. The higher pay scale of Rs.680-1250 was provided for those Senior Research Assistants who held educational qualification of Master's degree with at least second class in relevant subject and five years experience in research with identifiable research contribution. The said payscale was prescribed from 1.8.1981. It is to be noted that at that time, the Junior Research Assistants were drawing their salary in the pay-scale of Rs.395-800. The eligibility qualification for Junior Research Assistants was B.Sc. (Agriculture) while for Senior Research Assistants, according to the petitioner, it was M.Sc. (Agriculture). The petitioner has also pointed out that eligibility qualification for the post of Assistant Professor was M.Sc. The case of the petitioners is that condition of five years experience in research as imposed by accompanyment to Government Resolution dated 7.8.1981 giving details of revised pay-scale is arbitrary and unsustainable. It is their contention that the petitioners should be placed in said pay-scale from the beginning itself i.e. from the date on which they become Senior Research Assistants and the said pay-scale was made applicable to their post. In other words, the petitioners contend that in stead of pay-scale of Rs.500-900 or Rs.550-900, pay-scale of Rs.680-1250 should be made applicable to them by ignoring this condition. The petitioners have placed reliance upon the recommendations of the Vice Chancellor Coordination Committee Meeting held on 18.2.1988 to point out that a Senior Research Assistant appointed in pay-scale of Rs.550-25-900 reaches the stage of Rs.675/- after five years which is nearer to Rs.680, which is to be given after getting five years experience. The petitioners also contend that as a matter of fact, identifiable research work is not prescribed for any higher post and they also rely upon this proceeding of Coordination Committee meeting for that purpose. It is also their contention that the Desk Officer who was drawing salary in pay-scale of Rs.260-430 has been placed in pay-scale of Rs.600-1150 as a effect of 1976 Bhole Pay Revision while the Senior Research Assistant has been placed in much lower payscale of Rs.500-900 or 550-900 though their pay prior to wage revision was Rs.275-480 i.e. more than that of Desk Officer. It is contended that this is arbitrary and this arbitrariness is continued by imposing condition of acquiring five years experience to enable petitioners to claim pay-scale of Rs.680-1250. Thus, this arbitrariness is also pointed out to support their prayers for deletion of said condition of experience.

(3.) Lastly, the petitioners also state that an Assistant Professor who enters service with same educational qualification does only teaching job and the petitioners who are Senior Research Assistants do teaching as also job of research. According to the petitioners, therefore, the job of petitioners is more responsible and onerous and hence the pay-scales prescribed for Assistant Professor must at least be extended to the petitioners. The said pay-scales for Assistant Professors are Rs.680 1250 or Rs.700-1600. The petitioners give this as one more reason to support their stand that if the condition of five years is deleted, they will be placed in pay-scale of Rs.680-1250.