STATE OF RAJASTHAN Vs. NIHAL SINGH

JUDGEMENT

(1.) THIS special appeal has been filed by the State of Rajasthan against the judgment dated April 22, 1981, passed by the learned Single Judge in S.B. Civil Writ Petition No. 29 of 1979. The aforesaid writ petition was filed by Dr. Nihal Singh, respondent No. 1, who holds the post of Research Assistant in the University of Udaipur, against the appellant and the University of Udaipur, respondent No. 2 (hereinafter referred to as the University'). In the said writlpetition, respondent No. 1 had prayed that an appropriate writ order or direction be issued directing the appellant and respondent No. 2 to give to respondent No. 1, the revised pay scale of Rs. 700 -1600 with effect from 1st January, 1973 as it had been given to the other teachers of the University. In the said writ petition, respondent No. 1 has submitted that the post of Research Assistant in the University was ecquivalent to the post of Junior Lecturer and that by notification dated 2nd July, 1974, statute 47(1) of the statutes of the University was amended and the words, 'Junior Lecturers' in Clause (v) were substituted by 'lecturers' and in consequence to the aforesaid notification, another notification dated 7th Sept., 1977, was issued by the Registrar of the University, whereby, persons holding the post in the research and extension, were designated as Lecturers. In the said writ petition, it is stated that the University Grants Commission, in its report for the year 1975 -76, have recommended the revision of pay scales of University and College teachers and that under the aforesaid recommendations, the revised pay scales for lecturers in the Universities as well as lecturers (Junior Scale), Lecturers (Senior ScalesJ and Senior Lecturers in the post graduate colleges have.been recommended as Rs. 700 -1600/ -. In the aforesaid writ petition, it is further stated that the Govt. of Raj. had approved the aforesaid recommendations of the University Grants Commission and had given the revised pay scales in accordance with the aforesaid recommendations to all the categories of teachers by giving them cash payment with effect from 1st September, 1976, after placing, them notionally it) the revised grade with effect from 1st January, 1973, but the Research Assistants in the University had not been given the benefit of the aforesaid revision and he said denial of revision in the pay scales to research Assistants working in the University is violative of right to equality guaranteed under Articles 14 and 16 of the Constitution. The said writ petition was contested by the appellant and on behalf of the appellant it was subordinate that Research Assistant was declared equivalent to lecturer only with effect from 18th April, 1978, when statutes 47(1) and 49(11) of the University, were amended and the post of Research Assistant was declared as equivalent to that of Lecturer. According to the appellant. Research Assistants in the University, could only be given the benefit of the revised pay scales from 18th April, 1978 and that they were not entitled to the aforesaid revi&ed; pay scales prior to April 18, 1978.

(2.) THE learned Single Judge, after taking into consideration the documents on record, held that for all intents and purposes a Research Assistant is a lecturer and is a teacher for the purpose of the Udaipur University Act, 1962 (hereinafter referred to as 'the Act') and the statutes framed thereunder and the various ordinances of the rules and regulations made there under and that the revised pay scale of Rs. 700 -1600/ -. is applicable to them. The learned single Judge was of the opinion that Research Assistants were entitled to the revised pay scale of Rs. 700 -1600/ - with effect from 2nd July, 1974 i.e. the date of issue of the notification, whereby the word 'lecturer* was substituted for the word 'Junior Lecturers' and the learned single Judge directed that respondent No. 1 should be given the revised pay scale of Rs. 700 -1600/ - with effect from 2nd July, 1974 and that he should be placed in the said pay scale from the said date notionally and that he would be entitled to cash payment as per the pay scale of Rs. 700 -1600/ - from 1st October, 1976 as has been done in the case of other lecturers. Being aggrieved by the aforesaid order passed by the learned Single Judge, the appellant has filed th s special appeal.

(3.) THE learned Deputy Government Advocate has nc t disputed that respondent No. 1 is entitled to the revisec pay scale of Rs. 700 -1600/ - as recommended by the UGC from 18th April, 1978. The submission of the learned Deputy Government Advocate, however, was that the learned single Judge has erred in holding that respondent No. 1 is entitled to be placed notionally in the revised pay scale of Rs. 700 -1600/ - from 2nd July, 1974 and that he is entitled to cash payments on the basis of the aforesaid fixation from 1st September, 1976, as has been done in the case of other lecturers According to the learned Deputy Government Advocate, the Research Assistants were declared as equivalent to Lecturers only by notification dated April 18, 1978 and that they are entitled to the revised pay scale of Rs. 700 -1600/ - only from the date of the issue on the aforesaid notification. According to the learned Deputy Government Advocate, the post of Research Assistant could not be treated as equivalent to that of lecturer prior to issue of notification dated 18th April, 1978.