HARISINGH GOUR VISHWAVIDYALAYA Vs. SURENDRA SARAF

JUDGEMENT

(1.) All these writ appeals are being decided by this common order because they involve a common issue and were heard together.

(2.) Appellant Dr. Harisingh Gour Vishwavidyalaya, Sagar, was established by the State of Madhya Pradesh in the year 1973 under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (in short, "the Adhiniyam 1973"). The respondents were appointed by the appellant on daily wages and some of them are working on Class III and some on Class IV regular posts. After the appointment, the respondents were being paid minimum wages as notified by the District Collector. But the respondents were dissatisfied with their wages. They, therefore, claimed for payment of the minimum of the regular pay scale applicable to the posts on which they were working. They also made numerous representations to the appellant in this regard. The Executive Council of appellant in its meeting held on 1.5.2008 vide resolution, Annexure P7, resolved that all the daily wage and muster roll employees working in the University will be granted the minimum of the regular pay scale and allowances against the posts on which they were working but the employees shall not be entitled for any increment, House Rent Allowance, Medical Allowance and other benefits.

(3.) After passing of the resolution dated 1.5.2008, Annexure P7, Central Universities Act, 2009 (in short, "the Act 2009") was brought into force with effect from 20.3.2009. The appellant, therefore, became a Central University from that date. Section 4(d) of the Act 2009 protected the terms and conditions of service of the employees of appellant, including remuneration, until they were altered by Statutes. Thus, the service conditions of the respondents stood protected. In the meanwhile, recommendations of the Sixth Central Pay Commission were implemented and the respondents also sought benefit of these recommendations.