G.B. Pant University of Agriculture Vs. Dr. Kewala Nand
& Ors  INSC 470 (10 September 1998)
V. Manohar, G.B. Pattanaik. Mrs. Sujata V. Monohar. J.
Appeal No. 3751 of 1996 has been filed by the G.B. Pant University of
Agriculture and Technology, Pant Nagar, in the State of U.P. against the
judgment and order of the Allahabad High Court under which Research Assistants
working in the appellant-university have been declared as entitled to payment
of salary in the payscale of Rs.700-1600 and the subsequently revised pay-scale
of Rs.2200-4000 from the date from which the said pay-scales have been given to
the Research Assistants of two other agricultural universities in the State,
namely Narendra Deva University of Agriculture and Technology, Faizabad and Chandrashekhar
Azad University of Agriculture and Technology, Kanpur. Civil Appeal No. 6724 of
1996 is an appeal filed by the State of U.P.
against the same judgment and order of the Allahabad High Court while civil
Appeal No.3752 of 1996 is filed by the Association of Teachers in the G.B. Pant
University of Agriculture and Technology against the same judgment and order of
the Allahabad High Court.
appellant-university there are two cadres in the research wing. There is a
cadre of Research Assistants and there is cadre of Senior Research Assistants.
Prior to 1.4.1978 the minimum qualification prescribed for a Research Assistant
was a B.Sc. degree while the minimum qualification prescribed for a Senior Research
Assistant was an M.Sc. degree. The scale of pay of Research Assistant was Rs.
350-700. with effect from 1.4.1978 the pay-scale of research Assistants was
revised to Rs. 500-900. The pay-scale of Rs. 700-1600 which was given to Senior
research Assistants has been revised with effect from 1.1.1986 to Rs.2200-4000.
seems that the Research Assistants of the appellant-university agitated for the
pay-scale of Rs.700-1600 instead of their pay-scale of Rs. 2200-4000 from
1.1.1986. Apparently the pay-scale of Rs. 700-1600 was claimed because as per
the recommendations of the University Grants Commission, the minimum pay-scale
for teachers was Rs. 700-1600. In respect of the agricultural universities
which come under the Indian Council of Agricultural Research, the said council
had, by its circular of 4.7.1977, informed the agricultural universities that
assistance from the Indian Council of Agricultural Research would be available
to all academic, research and extension staff who are recongnised as teachers
under the universities, statutes. The Research Assistants in the
appellant-university were, however, not recognised as teachers under the
statues of the appellant-university.
they were not given the U.G.C. pay-scale of Rs.700-1600.
Research Assistants of the appellant-university carried on an agitation and
went or strike for being given the pay-scale of Rs. 700-1600, later revised
from 1.1.1986 to Rs. 2200-4000. It is the case of the appellant-university that
giving in to this agitation the Board of Management of the appellant-university
at its meeting held on 12.12.1989 declared the Research Assistants as teachers
and resolved that they should be sanctioned the pay-scale of Rs. 700-1600 with
effect from 1.4.1978, later revised to Rs. 2200-4000 on the date as fixed by
the Indian Council of Agricultural Research. The resolution further provided
that this pay-scale would be available only to those who possess an M.Sc.
degree and that the pay-scales would be admissible from the date from which the
prescribed qualification of an M.Sc degree was obtained. The actual payment,
however, in the said pay-scales would be from 1.12.1989 after fixing the salary
notionally in the said pay-scales from 1.4.1978. The resolution further noted
that the salary for the strike period shall not be paid and the period would be
adjusted as specified in the resolution.
resolution has further noted the joint Secretary, Agriculture's opinion that
payment should be made only after the issue of Government Orders. This note is
on account of the statutes of the University framed under Section 28(r) of the
U.P. Act 45 of 1958. Under the Statutes which have been framed by the
appellant-university, Clause 3(a) of Chapter 25 provides for emoluments of the
academic staff. It provides that the emoluments of the academic staff shall be
such as may be approved by the Board of Management on the basis of the
recommendations of the University Grants Commission provided that no grants to
meet any portion of the emoluments shall be admissible from the State
Government unless their prior written approval to the proposed emoluments is
obtained by the vice chancellor and placed before the Board. The
appellant-university, therefore, required prior approval of the State
Government for granting the above emoluments to the Research Assistants after
declaring them as teachers and, therefore, a part of the academic staff, in
order to be eligible for a grant for this purpose from the State Government.
to the Board resolution of 12.12.1989, an order was issued by the university
through the office of the Chief Personnel Officer dated 16.12.1989. Clause (1)(ka)
of the order stated that all those Research Assistants who were appointed on
regular field or its equivalent, are sanctioned the benefit of the pay-scale of
Rs. 700-1600/2200-4000 on the conditions prescribed in the order and in
anticipation of the sanction of the State Government. The arrears would be
payable on receipt of the required contribution grant from the Indian Council
of Agricultural Research/State Government. The order expressly stated that it
was purely provisional and was being implemented in anticipation of the
sanction of the State Government. It also stated that whatever were the final
orders received from the State Government would be applied. Pursuant to this
order the Research Assistants were paid the new pay-scales from December 1989
to March 1990. On 25.4.1990 the university issued an order staying the
resolution of 12.12.1989 including the declaration that Research Assistants
appellant-university received a letter from the State Government dated
23.12.1990 conveying to the university that thee Government's sanction could
not be accorded to the grant of U.G.C. pay-scale of Rs.700-1600/2200-4000 to
Research Assistants. Sanction was also not accorded to the declaration of
Research Assistants as teachers. However, by a letter dated 7.3.1991 addressed
to the Vice Chancellor of the appellant-university the State Government
conveyed to the appellant-university the sanction of the State Government to
the revision of pay-scale of Research Assistants in the following manner:-
500-900 upto 31.12.1985;
1740-3000 w.e.f. 1.1.1986 to 11.12.1989; and
pay-scale of Rs. 2200-400 w.e.f. 12.12.1989 to the Research Assistants,
Technical Assistants and Extension Assistants of the appellant-university who
possessed the academic qualification of M.Sc. with a minimum of second class as
prescribed by the U.G.C. and the Indian Council of Agricultural Research.
letter further stated that this benefit would be available to all such
incumbents who were in position on 1.4.1978 or earlier, We are not concerned
with the other terms and conditions of that order.
pay-scales as per the order of the university dated 16.12.1989 were
discontinued after March 1990 the Research Assistants filed a writ petition in
May 1990 before the Allahabad High Court claiming the pay-scales of
Rs.700-1600/2200-4000. The High Court by the impugned order has allowed these
pay-scales mainly on the ground that such pay-scales had been made available to
the Research Assistants in the other two agricultural universities in the
State, namely, the said university at Kanpur and the said university at Faizabad.
appellants have pointed out that the High Court assumption that Research
Assistant in the other two universities are given the said higher pay-scales or
that they are occupying a position comparable to the position of Research
Assistants in the appellant-university, is unwarranted. In the
appellant-university there are two separate cadres of Research Assistants and
Senior Research Assistants. The minimum qualification for the former is B.Sc.
degree in agriculture and other allied subjects while the minimum qualification
for the latter is an M.Sc. degree in agriculture or other allied subjects. The
pay-scales of the two cadres are also different. It is the cadre of the Senior
Research Assistants who possess an M.Sc. degree, that is given the pay-scale of
Rs700-1600 which later became Rs.2200-4000. The Research Assistants are
required to possess only a B.Sc. degree and they were given the pay-scale of
Rs.500-900. It has been later increased to the pay-scale of Rs.1740-3000 with
effect from 1.1.1986 for those who possess an M.Sc. qualification, and
Rs.2200-4000 with effect from 12.12.1989 to those who possess an M.Sc.
qualification. The respondents want the pay-scale of Rs.2200-400 and its
earlier corresponding scale of Rs.700-1600 from 1.4.1978 on the basis that the
Research Assistants in the other two agricultural universities get it. However,
from the documents on record, it appears that the position of Research
Assistants in the Kanpur and Faizabad Universities is not comparable to the position
of Research Assistants in the appellant-university.
in Kanpur and Faizabad Universities, the persons who were in the subordinate
agricultural service of the State Government in Groups I, II and III were
transferred and absorbed in the said two universities. In the subordinate
agricultural service, out of the three Groups, Groups I and II require a
minimum qualification of B.Sc. in agriculture while Group III requires a
minimum qualification of an intermediate in agriculture. The old pay-scales for
Groups II and III were Rs. 280-460 and Rs.230-385 respectively. Persons
belonging to Groups II and III when absorbed as Research Assistants in the Kanpur Agricultural University were, if they possessed a B.Sc. degree,
designated as Research Assistants and were given the pay-scale of Rs. 500-850
which was later changed to Rs.500-900 which is the same pay-scale given to
Research Assistants in the appellant-university. In respect of those formerly
belonging to Group I drawing a salary in the pay-scale of Rs. 350-700, if they
possessed an M.Sc. degree, they were given the pay-scale of Rs. 700-1600 in the
Kanpur Agricultural University. There were also certain Senior
Research Assistants who were in the Government Service drawing a pay-scale of Rs.
350-700 like persons in Group I. These were also given the pay-scale of
Rs.700-1600, if they possessed an M.Sc. degree. [ In fact, the Research
Assistants in Kanpur University had filed a writ petition claiming that they should also be
given the pay-scale of Rs.700-1600/2200-4000. The Allahabad High Court, by its
order dated 11.8.1995 has directed the State Government to reconsider their
representation. Therefore, the position of Research Assistants in the Agricultural University at kanpur is not comparable to the position
of Research Assistants in the appellent-university.
Agricultural University at Faizabad also persons belonging to subordinate
agriculture service in the State were transferred and absorbed in the said
who were in Group II and III of the subordinate agriculture service drawing old
pay of Rs. 280-460 and Rs.230-385, were absorbed as Research Assistants in[ the
U.G.C. pay-scale of Rs. 500-900, if they possessed a B.Sc. in agriculture.
There were also some posts of Senior Research Assistants in the pay-scale of Rs.
350-700. These persons were given the pay-scale of Rs. 700-1600. In the Agricultural University at Faizabad also there were no two separate cadres of
Research Assistants and Senior Research Assistants with their own
qualifications and pay.
the High Court has proceeded on a wrong assumption that all Research Assistants
in the other universities were given from inception the pay-scale of
Rs.700-1600. In the other two universities, there was no separate cadre of
Senior Research Assistants. Therefore, those possessing an M.Sc. degree were
given a higher pay-scale as set out above. Those possessing a B.Sc.degree were
given the pay-scale of Rs.500-900 which was also the pay-scale of Research
Assistants in the appellant University at the relevant time. When there are two
separate cadres of Research Assistants and Senior Research Assistants, the pay
of the two cannot be directed to be identical when separate minimum
qualifications are prescribed and there is a separate selection for these two
cadres. Nevertheless, the Research Assistants in the appellant-university have,
in fact, been given, with the approval of the Government, the same pay-scale as
Senior Research Assistants with effect from 12.12.1989 if they possess an M.Sc.
degree after they were declared as teachers. There is no legal basis for the
claim of the Research Assistants for the same pay-scale for the period 1.4.1978
State of U.P. in C.A. No. 6724 of 1996 has
supported the stand of the appellant-university. The State has pointed out that
no retrospective operation can be given to the declaration of Research
Assistants as teachers for the purpose of pay-scales without the approval of
the State Government. The University had also stayed the declarations till the
orders of the State Government. Therefore, the State Government has given a
prospective application to the declaration by granting to the Research
Assistants the pay-scale of Rs. 2200-4000, if they possess an M.Sc. degree,
with effect from 12.12.1989, the date of declaration.
third Civil Appeal No. 3752 of 1996 is filed by Professors, Junior and Senior
Research Officers and Subject-matter Specialists who form a part of the
teaching staff of the appellant-university because they apprehended that by
reason of the said impugned judgment of the Allahabad High Court research
Assistants would get seniority over the teaching staff of the
appellant-university and would claim benefit of various allowances,
accommodation etc. on the basis of that seniority. The State Government,
however, even while granting U.G.C. scale of Rs. 700-1600 to Senior Research
Assistants with effect from 1.4.1978, has by its G.O. of 6.6.1981 made it clear
that Senior Research Assistants, even if they get the pay-scale of Rs. 700-1600
with effect from 1.4.1978 will not rank as Senior to Assistant Professors,
Junior and Research Officers appointed prior to 1.4.1978. The university has
also stated that Research Assistants will not rank above Assistant Professors
etc. in seniority for allotment of housing and other benefits even if some of
them draw a higher salary, because they belong to a separate cadre. Since we
are setting aside the impugned judgment of the Allahabad High Court the
seniority of the teaching staff of the appellant-university consisting of
Assistant Professors etc. is not affected in any manner.
premises, the appeals are allowed and the impugned judgment and order of the
Allahabad High Court is set aside and the writ petition before the Allahabad
High Court is dismissed. There will, however, be no order as to costs.