SHIW BHAGWAN BHAIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioners have prayed for a suitable direction regarding payment of the revised scales of pay granted by the University Grants Commission, which is being paid to Assistant Professor/Lecturers/Associate Professor holding the equivalent posts and doing similar work. In short, their prayer is that with effect from 1-1-1973 they should be paid the same pay on the principle of equal pay for equal work, which has been paid to other similarly situated persons.

(2.) The first petitioner was appointed as Foreman in the Bihar College of Engineering in October. 1961 and continued as such till May, 1966. Later, he joined R. I. T., Jamshedpur in the same post as Foreman and continued there from 17-5-1966 to 5-12-1973. On 8th December, 1973 he was reappointed in the said Bihar College of Engineering, on the post of work shop Superintendent on the recommendation of the Bihar Public Service Commission and he is continuing till date. He possessed qualification of Bachelor of Engineering (Electrical) having secured First Division from the University of Rajasthan in the year, 1952. 2. The second petitioner was appointed as Foreman Instructor in the said Bihar College of Engineering in March, 1973. His qualification was I. E. (Mechanical) AMIE (India) D. B. M., M. B. A. (Patna). The third petitioner was also appointed as Foreman Instructor in December, 1974 having possessed the qualification of I. E. (Mach.) AMIE (India) and M. Tec. The fourth petitioner was equally appointed in the said college as Foreman Instructor in June, 1980 and he possessed the qualification of B. Sc. Engineering (Electrical) and M. Tech.

(3.) The petitioners, therefore, claim that they possessed the requisite qualification and performing their duties to the satisfaction of all concern. In July, 1984 by a notification contained in Annexure-1 issued by the University of Patna these petitioners were redesignated in pursuance of the recommendation of the Academic Council and the then Syndicate of the Patna University. By another notification dated 29-11-1984 contained in Annexure-2 their redesignation was reaffirmed with retrospective effect from 1-1-1973 by Patna University. It is claimed that the post of Foreman Instructor was equivalent to the post of Lecturer in the University with special pay for Engineering works and the qualification was same to those of a lecturer in the Engineering College. The post of work shop Superintendent is senior to the post of Foreman Instructor and is equivalent to the post of Associate Professor. This position was accepted by the University while redesignating these petitioners. On this basis the petitioners claim that having possessed the similar qualification and performing the same nature of work carried out by the lecturer Associate Professor, they could not be denied the benefit of the grant of revised scales recommended by the University Grants Commission, and were thus to be accorded the same benefit which was granted to them. As par back as in January, 5977, the principle was accepted by the Government of Bihar (Science and Technology) that the revised scales are applicable in the case of the petitioners also. That having not been granted the petitioners were made to file representations from time to time before the superior authorities. Such representations were duly recommended to the Government by the University in November, 1980. The detailed letter issue by the then Vice-Chancellor Sri G. P. Sinha, recommending the case of the petitioners in July, 1984 and communicating the same to the Industrial Development Commissioner, has been annexed marked Annexure-6 to this application. But all through the case of the petitioners were neglected and not considered in the light of these recommendations and the decisions taken by the University. This resulted in moving of this writ application.