SUBODH KUMAR Vs. CHANCELLOR UNIVERSITIES OF BIHAR

JUDGEMENT

(1.) Petitioner herein, who has been appointed as a Craft Instructor in Agriculture and Gardening in Patna Training College, Patna, a College belonging to the Patna University, has moved this Court alleging that while Craft Instructors in Government Training Colleges have been allowed a scale of pay of Rs. 850-1360 with effect from 1-4-1981 and scale of pay of Rs. 940-1660 with effect from the date of his first time bound promotion, he has been given a revised scale of pay of Rs. 730-1080 only with effect from 1-4-1981.

(2.) Petitioner's college belonged to the State Government until the Patna University Act, 1951, statutorily transferred the institution to the University. Section 51 of the Patna University Act, 1951, named several colleges belonging to the State Government such as the Patna College, the Patna Science College, the Bihar College of Engineering, the Patna Law College, the Patna Training College, the Prince of Wales Medical College, the Magadh Mahila College, the Patna Women's College and included the Patna Training College in the list. For such transfer Section 52 stated, inter alia that the University would employ, on such terms as may be determined by the State Government, all members of the teaching staff and other servants of the State Government employed in the college transferred to the University, 1951 Act, however, has since been repealed by the Patna University Act, 1976. Section 35 of the Act states, inter alia.

(3.) Petitioner has alleged that he was interviewed on 3-1-1975 and given appointment letter for the aforesaid post on 12-4-1975. The State Government had then revised the scale to Rs. 348-570 per month, that was the scale of pay admissible to Craft Instructors working in all other Government Training Colleges. Since his appointment however, the Pay Revision Committee, known as 4th Pay Revision Committee, appointed by the State Government, made its recommendation for revision of scale of pay of the Craft Instructors, in the service of the State Government with effect from 1-4-1981. It recommended the scale of pay to Rs. 850-1360 to such Craft Instructors. Notwithstanding the said recommendation, however, in the case of the petitioner who had been by now confirmed in the service of the State Government, the University issued an order fixing the scale of pay of the petitioner at Rs. 730-1080 and put him at a salary of Rs. 860/- per month as on 1-4-1981. Petitioner represented his case and demanded fixing of his pay in the aforementioned scale of pay recommended by the 4th pay Revision Committee and accepted by the State Government for Craft Instructors working in the Government Teachers Training Colleges. He has been, however, denied the said scale of pay. His representation has not found favour with the respondents.