RAMJI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India by the petitioner, who was working as Assistant Registrar in Bihar University. The petitioner was promoted to the post of Assistant Registrar in 1976, and was serving as such when this writ application was filed on 23-9-1988. The petitioner has now super-annuated but his claim remains a live issue. The petitioner has prayed for issuance of writ of mandamus commanding the University to pay to the petitioner in terms Annexure-1 to this application with effect from 1-4-1981.

(2.) The petitioner was initially appointed as Upper Division Assistant in 1961. He was promoted to the post of Assistant Register in 1976. The State Government had appointed a pay revision Committee to recommend revision of salary of different categories of officers of the State. In terms of the recommendation of the Committee, pay scales were revised, effective from 1-4-1981. The resolution of the State Government took place by Annexure-1 dated 30th December, 1981. Paragraph 1 of Annexure-1 shows that the State Government had accepted the revised scales of pay as indicated in Schedules 1 and 2 of the recommendations. Paragraph 2 of Annexure-1 shows that the revised scales of pay would apply to all State Government employees who were in service on the 1st April, 1981 and to all new appointments and promotions made effective on or after the said date. Paragraph 10 of Annexure-1 runs into four sub-paragraph. Sub-paragraph (ii) lays down that selection grade should be provided in all services, cadres and posts. Paragraph 11 provides for time bound promotion to Government Employees. Initially, the petitioner had prayed for time bound promotion also but at the time of hearing the petitioner gave up that claim. The University provided for Junior selection grade pay scale for Class III and IV officers but it did not accord that privilege to Section Officer, Assistant Registrar, Assistant Engineer and others. The petitioner contends tint the action of the University in extending selection grade pay scales to Class III and IV officers while denying it to Assistant Registrar, etc., was pick and choose method which infringed Article 14 of the Constitution. Hence, the prayer for issuance of writ of mandamus directing the University to accord selection grade pay scale to the petitioner with effect from 1-4-1981 which post he was occupying from 1-4-1981 till he superannuated on 30-9-1988.

(3.) The stand of the University is that Officers of the University are granted only such salary as is provided by the Statutes. Mr. Indu Shekhar Prasad Sinha, learned counsel for the University, contended that the University had framed statutes governing the salary payable to every officer. Chapter VIII of the Bihar University Statutes provides for a salary admissible to Pro-Vice-Chancellor. The Co-ordinator College Development Council, the Registrar, the Inspector of College, Finance Officer, Controller of examination, the Deputy Registrar, the Budget and Accounts Officer and Assistant Registrar. Paragraph 12 of Chapter VIII of the Statutes relates to Assistant Registrar of Bihar University. Sub-paragraph (2) lays down the salary admissible to Assistant Registrar. It reads as follows : "He shall be a whole-time officer and shall be appointed in the scale of Rs. 940-40-1500-40-1600." The Statutes do not provide any selection grade for officers enumerated in Chapter VIII of the Statutes. The Stand of the University thus is that the statutes not having provided any selection grade pay, the petitioner would not be entitled to the same in terms of the recommendation of the Pay Revision Committee.