SURINDER KUMAR SHARMA Vs. HARYANA AGRICULTURAL UNIVERSITY, HISSAR

JUDGEMENT

(1.) The plaintiff - appellant is an Instructor in Weaving at the Haryana Agricultural University, the present respondent. His claim for a declaration to the effect that he was entailed to the pay scale of Rs. 700-1600 sanctioned by the U.G.C. w.e.f. Aug. 14, 1973 and that the order of the University rejecting his claim was illegal, was decreed by the trial Court. The appeal filed by the University having been accepted by the lower appellant Court the appellant has come up in this second appeal to this court. A few facts may be so noticed.

(2.) The appellant was appointed as an Instructor (Weaving) in the pay scale of Rs. 300-25-600 in the college of Home Science vide order dated July 25, 1973. The order of appointment is Exhibit P-1. One of the stipulations made in this order was that the appellant may be called upon to do teaching, research, extension work in your subject as determined by the Vice-Chancellor from time to time". It was further provided that "the University will have the right to change the designation depending on the work you are assigned but your rank of Instructor, emoluments and conditions of service will not be varied to your disadvantage."

(3.) Claiming that he had been teaching classes of Home Science College upto B.Sc in the subject of Handloom/Weaving and that he had been attending to extension work as determined by the authorities from time to time the plaintiff-appellant sought a declaration and decree to the effect that he is "entitled to the U.G.C. Grade of Rs. 700-1600 from the date of his appointments as this grade has been adopted by the University w.e.f. 1.1.1973 .......". The claim made by the plaintiff-appellant having been controverted on behalf of the defendant-respondent, the trial Court framed the following issues:-