JANARDAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE 14 petitioners herein are the employees of the Rajendra Agricultural University holding non -teaching posts. They have prayed that the respondent -University be directed to pay to the petitioners the pay -scale of Rs. 1,000 -1,820/ - with effect from 18th September, 1987 since the scale of pay was upgraded by the State Government by its decision as contained in Annexure -4, dated 18 -9 -1987 and was approved by the Board of Management of the Rajendra Agriculture University in its meeting held on 30th May, 1988 which are Annexures 4 and 8 respectively. Their grievance is that despite the decision of the State Government and approval of upgraded pay -scale by the Board of Management of the respondent -University, they have been denied the upgraded pay -scale which is being paid to employees of the State of Bihar as well as the employees of the Birsa Agriculture University who hold the same or equivalent posts.

(2.) PETITIONER No. 1 along with others was temporarily appointed to the post of Agriculture Inspector Junior Research Assistant in the scale of Rs. 355 -555/ - by order dated 4th July, 1975. The letter of appointment mentions that pending finalisation of the statutes, the appointees will be governed by the same service conditions as are applicable to the Bihar State Government servants. Petitioner No. 2, since deceased, was promoted temporarily to the post of Junior Research Assistant in the pay -scale of Rs. 355 -555/ - by the Rajendra Agriculture University by order dated 18th March, 1977. Petitioners No. 3 to 14 were appointed as Agriculture Inspectors in the Rajendra Agriculture University in the scale of pay of Rs. 850 -1,360, by order dated 26th November, 1982. They were appointed by the process of direct recruitment and were to be on probation for a period of two years from the date of their joining. They were required to execute an agreement bond to serve the respondent -University for a period of three years. They were also entitled to the benefit of contributory provident fund. The order of appointment have been collectively marked as Annexure -1. The petitioners, therefore, submit that they have been appointed as Junior Research Assistants/Agriculture Inspectors by the respondent -University and it is their case that they have been holding their posts since the dates on which they assumed charge.

(3.) PURSUANT to the said decision of the State Government, the Agriculture Inspectors and others holding equivalent posts in the department of Agriculture were given the benefit of the upgraded pay -scale of Rs. 1,000 -1,820/ -. Similarly, the Birsa Agriculture University, Kanke, Ranchi, by order dated 2nd February, 1988 decided to grant the benefit of the upgraded pay -scale to all regularly -appointed Agricultural Inspectors, Junior Research Assistants and Senior Technical Assistant (ICAR Posts) who possessed the minimum basic qualification of B.Sc. (Agri.)/B.Sc. (Forestry) or B.Sc. Vety. Science and A.H., who were working in the pay -scale of Rs. 850 -1,360/ -. The benefit of upgraded pay -scale of Rs. 1,000 -1.820/ - was allowed with effect from 18th September, 1987 i.e. the date of issue of Government order, Annexure -4.