ASHISH KUMAR Vs. RAJENDRA AGRI. UNIVERSITY

JUDGEMENT

(1.) Having heard counsel for the Petitioners in C.W.J.C. No. 2868/2004 and the counsel for the University in both these cases this Court is of the considered opinion that normally the terms and conditions of an appointment including pay scale cannot be varied after long lapse of time.

(2.) The Petitioner, Ashish Kumar Sinha, along with five other persons were appointed on the post of Computer in Comprehensive Cost of Cultivation Scheme of the Government of India in Rajendra Agricultural University on 2.6.1990 in the pay scale of Rs. 975-1540. Out of these six persons four of them, namely, Ravi Shankar Sahay, Sanjay Kumar Roy, Nasim Ahmad and Lakshman Prasad, were given the higher pay scale after a period of more than 11 years under a different order of the University on the plea that four of them, who were appointed in the Centrally Sponsored Scheme, were holding the qualification of B.Sc. (Math's) degree with Diploma in Computer Science and as such, they were entitled to the pay scale of Rs. 1600-2780 with effect from their first date of joining of the post i.e. from different dates of the month of June, 1990 itself.

(3.) Since the Petitioner, Ashish Kumar Sinha who was also one of the six appointed on 2.6.1990 with the aforementioned four persons and also being M.Sc. (Math's) with Diploma in Computer Science had been singled out for discriminatory treatment by being not given the same benefit of higher pay scale of Rs. 1600-2780 and its revised pay scale of Rs. 5000-8000 with effect from 1.1.1996 he has filed C.W.J.C. No. 2868/2004, wherein the prayer made by him reads as follows: