JUG MANDER DAS JAIN Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) AS this writ petition under Article 226 of the Constitution must succeed on a short point, it is not necessary to state all the facts.

(2.) THE petitioner joined the service of the Rajasthan State as Lecturer in Chemistry, in Jaswant College, Jodhpur, in 1957. He was transferred as Lecturer in MBM Engineering College, Jodhpur, in May 1958 The State Government passed order Ex 2 dated February 9, 1960, conveying the Governor's sanction to the grant of a special pay of Rs. 50/ - per month to Lecturers (non -technical) on appointment or pasting in the M.B M. Engineering College in addition to their grade, pay, with effect from the date of issue of the order. It was stated that the special pay had been sanctioned in consideration of the specially arduous nature of the duties attached to the post. The grant of such special pay to persons from the Rajasthan Service, to which the petitioner admittedly belonged at the period of time, was recognised under the Rajasthan Civil Services (Revised Pay) Amendment Rules, i963, a copy of which has been placed on the record as Ex 3. The petitioner went over to serve under the University of Jodhpur with effect from July 1, 1963, He continued to draw the aforesaid special pay of Rs. 50/ -up to June 30, 1967. It was however discontinued with effect from July 1, 1967 by order Ex 4 dated July 10, 1967. That order, it may be stated, was passed in pursuance of resolution No. 24 of the Syndicate of the University dated April 15/16, 1967. The petitioner felt aggrieved against that order and made a representation. He sent a last reminder on January 5, 1968, for the early disposal of his representation, and ultimately filed the present writ petition, when nothing came out of it, on March 28, 1968.

(3.) A joint reply has been filed by the Vice Chancellor and the Registrar of the University. They have taken the plea that the Syndicate was fully competent to deal with the matter and that it was not necessary to refer it to the Academic Council. The other respondents have not filed any reply.