RAI JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for issue of a mandamus to the respondents to pay the arrears of pay consequent upon the revision of pay scales of the petitioners with effect from 1.1.1973 and also for issue of a direction to the respondents to consider the cases of the petitioners for promotion under the Merit Promotion Scheme with effect from 1.1.1983 and to remove efficiency bar at the stage of 1300/-. Prayer has also been made for the issue of an appropriate direction to consider the cases of the petitioners for promotion to the posts of Reader.

(2.) All the petitioners joined service of Guru Nanak Dev University, Amritsar, between 1973 to 1977 as Research Assistants in the pay scale of Rs. 300-800. In the year 1978 the Governor of Punjab accorded approval to the revision of pay scales of the staff of the Punjabi University, Patiala and the respondent-Guru Nanak Dev University. One of the categories of posts for which the revision was effected was that of Research Assistants. Their pay scales were revised from Rs. 300-800 to Rs. 550-750 and Rs. 700-1600. The grade of Rs. 700-1600 is said to have been approved for the existing incumbents of the posts of Research Assistants. As per this order, revision of pay scales was to be effected from the date of issue of letter dated 9.1.1978. In its meeting held on 25.2.1978 the Syndicate of the respondent- University resolved that the recommendations made by the Finance Committee on 6.2.1978 regarding the revision of the pay scales of the Research Assistants be approved. It was also resolved to enquire from the Punjabi University, Patiala, whether the pay scales of Research Assistants had been revised with effect from 1.1.1973 or from 9.1.1978. Similarly other clarifications regarding maximum of grade for future vacancies of Research Assistants were also sought. In the meeting held on 17.6.1978 the Syndicate of the respondent-University further decided to give revised grade of Research Assistants with effect from 1.1.1973 as was done by the Punjabi University, Patiala in the cases of their Research Assistants. The resolution passed by the Syndicate on 17.6.1978 was considered by the Senate of the respondent- university and it was unanimously approved. In a meeting of the Vice- Chancellors of the Universities held on 6.11.1979 at Chandigarh it was decided that fixation of pay in the revised scale be done with effect from 1.1.1973 but the arrears shall not be paid between 1.1.1973 to 8.1.1978. On the same line resolution was passed by the Syndicate of respondent No. (sic) on 29.3.1980. The petitioners made representations to the respondent-University for grant of actual benefit of the revised pay scales with effect from 1.1.1973 but the same have been turned down by the University.

(3.) The petitioners have challenged the denial of arrears of pay with effect from 1.1.1973 to 8.1.1978 on the ground that the action of the respondent- University in denying the aforesaid benefit to them amounts to hostile discrimination inasmuch as the holders of all other posts have been given the benefit of arrears of revised pay fixation and those were working as Research Assistants in the Punjabi University have also been given the actual benefit of revised fixation with effect from 1.1.1973. Another claim made by the petitioner is that under the Merit Promotion Scheme formulated by the University Grants Commission in the year 1982 they have a right to be considered for promotion because the post of Research Assistant is at par with that of Lecturer and they were in fact designated as Lecturers vide Annexure P-11 dated 25.9.1982.