GAJENDER PAL SINGH GILL Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA

JUDGEMENT

(1.) Are the non-teaching employees of the Kurukshetra University entitled to claim parity of pay with the employees of the Panjab University ? This is the short question that has been raised in this writ petition. A few facts may be noticed.

(2.) The 29 petitioners are members of the technical staff. They are working in various departments of the Science Faculty of the Kurukshetra University. According to the petitioners, the Finance Committee in the meeting held on March 20, 1971 had decided that "there should be a uniform principle in regard to the revision of grades and that the University should ordinarily follow the Haryana Government in the matter of adoption/revision of grades for all the administrative/ministerial posts. If no equivalent post exists in the Haryana Government then the grade of the Panjab University should be normally adopted." This proposal of the Finance Committee was approved by the Executive Council of the University on March 24, 1971. Consequently, when the Panjab University revised the grades of the technical staff. w.e.f. April 1, 1976, the Kurukshetra University not only revised the scales but even designated the posts on the pattern of the Panjab University. This action was approved by the Executive Council vide its resolution dated July 29, 1978 and the revised pay scales were granted to the petitioners w.e.f. April 1, 1978. However, in the year 1979, the Kurukshetra University did not follow the decision of the Panjab University regarding the revision of pay scales of the technical staff. Vide letter dated October 29, 1983, the Respondent- University made a recommendation with regard to the persons holding the posts of Technical Assistants Grade II. The State Government having taken no action, the University constituted an expert committee under the chairmanhip of Professor H.L. Bhatnagar, Dean, Faculty of Science. The Committee made its recommendations. Thereafter, another committee under the Chairmanship of Professor N.Nath submitted its recommendation vide letter dated May 26, 1988, a copy of which has been produced as Annexure P.5 with the writ petition. The matter was then referred to the Finance Committee. Vide its resolution dated February 1, 1991, the Finance Committee recommended the case of the technical staff. The petitioners allege that this resolution was conveyed to the Government vide letter dated February 2, 1991, a copy of which has been produced as Annexure P. 6 with the writ petition. It appears that in June 1991, the employees went on strike. The petitioners allege that on June 12, 1991, an agreement was reached that "the decision would be taken from the finance department within three months". A copy of this agreement has been produced as Annexure P. 7 with the writ petition. Still, nothing was done. The petitioners submitted a representation. Having failed to get any decision, the petitioners have approached this court through the present writ petition. The petitioners allege that even amongst the three Universities in the State of Haryana viz. the Kurukshetra University, Maharashi Dayanand University, Rohtak, and Haryana Agricultural University, Hissar, there is no uniformity regarding posts and scales. The petitioners submit that "the Panjab University being the mother University, initially its pay scales were being followed but now for no rhyme and reason and because of adamant attitude of the authorities of the Finance Department and Kurukshetra University, the petitioners are being made to suffer..."

(3.) Mr. Anil Khetarpal, counsel for the petitioners submits that the posts in the Kurukshetra University having been equated with those in the Panjab University, the petitioners are entitled to parity in the matter of pay scales with their counterparts in the Panjab University. Is it so ?