HARYANA AGRICULTURAL UNIVERSITY Vs. DEVI PARKASH

JUDGEMENT

(1.) SHAM Sunder and others filed suit against the Haryana Agricultural University, Hissar through its Vice Chancellor for declaration to the effect that they are entitled to the revised pay scale of Rs. 1200 -2040/ - with effect from 1.5.1990. It is alleged in the plaint that Sham Sunder, Uttam Chand, Devi Parkash, Des Raj, Shiv Dial and Om Parkash plaintiffs were working on regular basis with the defendant -University while Jagdish Rai and Jai Singh -plaintiffs are working on work charge basis. All the plaintiffs are matriculate with III Certificate. The Secretary to Government of Haryana, Finance Department issued a memo bearing No. 6/23/3PR(FD) -88 dated 26.7.1991 to all the Heads of the Departments, according to which the pay scale of some technical posts were revised on the basis of Government instructions. As per the said memo, the pay scale of some technical posts for which requisite, qualification is matric with III Certificate was revised to Rs. 1200 -2040/ - w.e.f. 1.5.1990, it is alleged in the plaint that plaintiffs No. 1 to 4 are performing the duties of water pump operators, while plaintiffs No. 5 and 6 are performing the duties of plumber. Plaintiff No. 7 is performing the duties of a mechanic. The defendant University vide memo dated 8.7.1991 granted the pay sale of Rs. 1200 -2040 on the pattern of State Government to Tube -well Operators, Fitters etc. In most of the Departments, the pay scale of Rs. 1200 -2040/ - was granted to persons possessing the qualification of matric with 2 years certificate from the III. It is alleged in the plaint that action of the defendant -University is denying the grant of pay scale of Rs. 1200 -2040/ - to the plaintiffs is illegal, arbitrary, mala fide, discriminatory and against the principles of natural justice as they perform the same duties as are being performed by those who are possessed of matriculation with two years III Certificate. Plaintiffs have thus claimed the pay scale of Rs. 1200 -2040/ - on the principle of equal pay for equal work.

(2.) DEFENDANT -University contested the suit of the plaintiffs. It was urged that the University is governed by its own rules and regulations. The grant of revised pay by the Haryana Government is not relevant. State Government vide its notification dated 23.8.1990 revised the pay scale for technical posts for which minimum qualification prescribed is matric with III Certificate. It is averred that it does not mean that the revised pay scale of Rs. 1200 -2040/ - is to be given to every employee who possesses the qualification of matric with III irrespective of the, fact whether such qualification is prescribed for the post or not which he is holding. Vide notification dated 26.7.1991, the above said instructions were modified. According to the categories, pay scale of Rs. 1200 -2040/ - was fixed for those posts for which the prescribed qualification is matric with III Certificate and pay scale of Rs. 950 -1400 was fixed for those posts for which the prescribed qualification was III Certificate/diploma without insistence on matric. On the pattern of above said categories, University has already granted the pay scale vide notification dated 18.9.1991. It was further urged that the plaintiffs have mis -read and mis -interpreted the relevant rules and instructions as the grade given by the University and Government, granting technical posts in various departments for which minimum educational qualification prescribed is matric with III Certificate and the second category is regarding technical posts in various departments for which minimum qualification was only III Certificate without insistence on matric.

(3.) VIDE order dated 31.1.1997, Civil Judge (Junior Division), Hissar dismissed the plaintiffs suit in view of his finding that the plaintiffs are working on posts for which the qualification required is III diploma/certificate without insistence on matric while the pay scale of Rs. 1200 -2040/ - is prescribed for those posts for which essential qualification is matric with III diploma/certificate. It is found that the claim of the plaintiffs that in other department officials possessing the qualification of matric with III diploma/certificate are drawing pay scale of Rs. 1200 -2040/ - is not tenable as they are working on posts on which qualification essential is matric with III Certificate/diploma.