DINESH CHANDRA SWARANKAR Vs. RAJASTHAN AGRICULTURAL UNIVERSITY BIKANER

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Single Judge dated 11th May, 1998 dismissing the writ petition filed by the appellant.

(2.) The issue is short. The appellant-petitioner was initially working as Library Assistant in Mohanlal Sukhadia University. After establishing a separate university for agriculture in 1987, the services of the petitioner were transferred from Mohanlal Sukhadia University, Udaipur to the newly established Rajasthan Agriculture University, Bikaner. In the Mohanlal Sukhadia University, the posts of Library Assistant were upgraded to the Junior Technical Assistant and the appellant-petitioner has claimed parity of the status and sought mandamus that as per the resolution dated 21.1.1988 the post of petitioner-appellant at Agricultural University, Bikaner may also be upgraded to the post of Junior Technical Assistant and other benefits may also be extended to him at par with M.L. Sukhadiya University, Udaipur.

(3.) The learned Single Judge concluded that the Mohanlal Sukhadia University and Rajasthan Agricultural University being two independent and separate bodies, the terms and conditions prevailant in the Mohanlal Sukhadia Univeristy cannot be extended ipso facto to the employees of the Rajasthan Agricultural University. Therefore, the resolution adopted by Mohanlal Sukhadia University, Udaipur for upgrading posts of Library Assistant could not automatically result in upgradation of the posts in the Rajasthan Agricultural University, Bikaner. It is relevant to notice that the resolution for adopting the existing terms and condition of the employment under the Mohanlal Sukhadia University was passed in July, 1987 much before 21st January, 1988. The said resolution of 1987 did not contain any terms and condition to adopt the terms and condition applicable to Mohan Lal Sukhadia University as may be amended from time to time. Therefore, as on 21.1.1988, the Agriculture University cannot be compelled to adopt the terms and conditions other than prevalent in Mohanlal Sukhadia University at the time of adopting resolution of 1987.