MOHD ARIF ALI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of mandamus to declare the action of the 1st respondent in issuing G.O. Ms. No. 242, Finance and Planning Department dated 25.2.2000 as illegal, void, arbitrary and opposed to the principles of natural justice and consequently to direct the 3rd respondent-University to treat the post of Workshop Assistant on par with the post of Mechanic Gr. III/Technician Gr. III and to apply the Revised Pay Scales to the case of the petitioner on that basis and for payment of arrears to the petitioner. On 24.6.1970 a notification was issued by the Professor and Head of Department, Geo-Physics, Osmania University inviting applications for appointment to the posts of Workshop Assistant in the pay scale of Rs. 60-80. The qualifications prescribed for the said post were HSC or equivalent or ITI Certificate and experience of one year in a recognized mechanical workshop. On the recommendation of the Selection Committee, the petitioner was appointed as Workshop Assistant by the Principal, University College of Science, Osmania University vide University Order No. 1804/ A1-7/70 dated 28.8.1970 in the scheme entitled "Centre of Exploration Geophysics", at the Department of Geophysics, University College of Science, Osmania University. He joined duty on 29.8.1970 as a Workshop Assistant. Subsequently the pay scales of the University employees were revised with effect from 19.3.1969 in which the post of Workshop Assistant was allowed the pay scale of Rs. 70-130 corresponding to pre-revised scale of Rs. 60-80. The petitioner was allowed the Revised scale of Rs. 70-130 with effect from 29.8.1970 i.e., the date of his appointment in the post of Workshop Assistant.

(2.) The petitioner gave a representation on 22.6.1976 to the Head of Department of Geophysics requesting for award of the pay scales to him on par with Mechanic Gr.III/Technician Gr. III of the Central Workshop of University College of Science. The University vide its letter dated 15.10.1976 requested the Professor and Head of Department of Geophysics to furnish the qualifications, experience and other conditions prescribed for filling up the post of Workshop Assistant and also the nature of duties. The Professor and Head of Department of Geophysics vide his letter dated 19.7.1977 clarified that the qualifications prescribed in the notification dated 24.6.1970 for filling up the post of Workshop Assistant were HSC or equivalent with ITI certificate and experience of more than one year in a recognized Mechanic Workshop. The nature of duties performed by the Workshop Assistant were execution of fitting works of all kinds of mechanical parts of different apparatus, besides the maintenance of electrical and general wiring works in the department. The matter was put up to the University Syndicate at its 307th meeting held on 2.3.1982 for consideration, wherein it was decided to refer the case to the Government. This was done in view of Section 43-B of the Osmania University Act, 1959 which provides that the University shall not, without prior approval of the Government, divert earmarked funds for other purposes or upgrade any post or revise the scales of pay of its staff or implement any scheme which involves any matching contribution from the Government, or create a post or posts resulting in a recurring liability on the Government either immediately or in future. By a letter dated 17.6.1982 addressed to the Secretary to the Education Department, Government of Andhra Pradesh, the Registrar, Osmania University proposed to allow the pay scale of Rs. 425-650 to the Workshop Assistant in the Geophysics Department on par with Technicians-III. The Government i.e., Education Department requested the Registrar, Osmania University to refer the case to the Registrars Committee constituted in G.O. Rt. No. 57, Education Department dated 21.1.1983 to submit a report on the pay scale anomalies of Non-Teaching Staff of the Universities and await the recommendations of the Committee. However, the Committee became defunct. Subsequently, consequent on revision of pay scales of the State Government employees in 1986, the Government constituted a committee under the Chairmanship of Prof. T. Navaneetha Rao, the then Vice-Chancellor of the Osmania University to look into the pay scales of the Non-teaching staff of the Universities in the State. Orders were issued in G.O. Ms. No. 287, Finance and Planning Department, dated 3.12.1991 implementing the recommendations of the Prof. T. Navaneetha Rao Committee. The terms of reference of the Pay Revision Commission, 1993 also included the revision of pay scales of the Non-teaching staff of Universities and orders were issued in G.O. (P) No. 347, Finance and Planning Department, dated 1.10.1993 implementing the recommendations of the Pay Revision Commission, 1993 on the Non-teaching staff of Universities.

(3.) The petitioner filed WP No. 17116 of 1993 in the High Court of Andhra Pradesh stating that the action of the Government in issuing these orders without removing the anomaly pointed out in respect of fixation of the pay scale to the post of Workshop Assistant is illegal and arbitrary and sought intervention of the Court to declare that the petitioner is entitled to pay in the scale that was fixed in favour of Mechanic Gr. III/Technician Gr. III with all consequential benefits including revision of pay of the petitioner from the date of his appointment with all arrears.