Allahabad High Court
Smt. Yashoda Devi And Ors. vs State Of U.P. Thru Prin.Secy./Secy. ... on 25 February, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH AFR Reserved Case :- WRIT - A No. - 2615 of 1998 Petitioner :- Smt. Yashoda Devi And Ors. Respondent :- State Of U.P. Thru Prin.Secy./Secy. Agriculture Deptt.And Ors. Counsel for Petitioner :- Kapil Deo,Abhishek Yadav,Ashwani Kumar Counsel for Respondent :- C.S.C.,K.P. Tripathi,Manik Sinha,N.K. Seth,R.C.Srivastava,Sudeep Seth,Uttam Kumar Verma Hon'ble Dinesh Kumar Singh,J.
1. The petitioners, who were employed as Lab Assistant in the Acharya Narendra Dev University of Agriculture and Technology, Kumarganj, Faizabad (now Ayodhya) (hereinafter referred to as 'the University'), have filed this writ petition impugning the order dated 27th May, 1998 whereby pay scale sanctioned to the petitioner @ Rs.1200-2040/- against Rs.950-1500/- vide order dated 4th October, 1991 was cancelled by the Vice Chancellor of the University on the ground that the State Government vide order dated 28th April, 1998 had directed for stopping payment of pay scale of Rs.1200-2040/- to the post of Lab Assistant working in the University.
2. The petitioners have also prayed for quashing of the order dated 28th April, 1998 issued by the Government directing for stopping of the pay scale of Rs.1200-2040/-.
3. The petitioners have also prayed for a writ in the nature of mandamus commanding the respondents/opposite parties to allow them pay scale of Rs.1200-2040/- with consequential benefits.
4. It is stated that the petitioners were appointed as Lab Assistant in the University between 1980 and 1988, details of which have been given in para 3 of the writ petition.
5. Initially, four posts of Lab Assistant were created by the Board of Management of the University in the pay scale of Rs.200-320/-. Subsequently, with effect from 1st July, 1979, the pay scale was revised to Rs.354-550/- and, thereafter, it was revised to Rs.950-1500/- with effect from 1st January, 1986.
6. Since Lab assistants in Chandra Shekhar Azad Agriculture and Technical University, Kanpur and Gobind Ballabh Pant Agriculture and Technical University, Pantnagar, Uttarakhand, two other agricultural universities in the State, were receiving revised pay scale of Rs.1200-2040/-, the Lab Assistants working in the University went on strike in the year 1991 making a demand of revised pay scale of Rs.1200-2040/- instead of Rs.950-1500/-. Finance State Committee constituted by the State Government in the University in its meeting dated 11th September, 1991 recommended the amendment in the pay scale of Lab Assistants in the University, on the basis of report of Samata Samiti on the premise that there had been an error in fixation of pay scale of Lab Assistant in the University.
7. The Board of Management in its meeting dated 12th September, 1991 resolved to sanction the new pay scale of Rs.1200-2040/- for the post of Lab Assistant with effect from 1st January, 1986, in anticipation of the approval of the State Government. The Board of Management in its resolution dated 12th September, 1991 said that new pay scale of Rs.1200-2040/- was sanctioned tentatively to the post of Lab Assistant. As per the resolution of the Board of Management, the Vice Chancellor vide order dated 4th October, 1990 gave new pay scale of Rs.1200-2040/- to the Lab Assistants provisionally in anticipation of the approval from the State Government.
8. The State Government, however, vide impugned order dated 28th April, 1998 declined to approve the pay scale of Rs.1200-2040/- to the Lab Assistant and, thereafter the University vide order dated 27th May, 1998 cancelled the earlier order dated 4th October, 1991 and directed payment of earlier pay scale of Rs.950-1500/- to the Lab Assistant.
9. The petitioners, therefore, aggrieved by the said two orders, had filed this writ petition and this court vide interim order dated 22nd June, 1998 directed the respondents to pay salary to the petitioners on the basis of scale which they were getting earlier (Rs.1220-2040/-) up to June, 1998. It was said that this order would be subject to the decision passed later on if any. The said interim order has been remained in operation till date.
10. During pendency of the writ petition, some of the petitioners had attained the age of superannuation and some of them had died. Retirement dues were not paid to the petitioners, who had got retired and this Court, therefore, vide order dated 26th November, 2013 directed for granting retirement benefits to the employees, who had attained the age of superannuation or died.
11. Heard Mr. Kapil Deo, learned Senior Advocate assisted by Mr.Ashwini Kumar, learned counsel for the petitioners, Mr.Sanjay Mishra, learned Additional Chief Standing Counsel for the State and Mr.Uttam Kumar Verma, learned counsel appearing for respondent Nos.3 and 4
12. Mr. Kapil Deo, learned Senior Advocate assisted by Mr. Ashwini Kumar, learned counsel appearing for the petitioners has submitted that three agriculture universities were established namely Chandra Shekhar Azad Agriculture and Technical University, Kanpur, Gobind Ballabh Pant Agriculture and Technical University, Pantnagar, Uttarakhand and Acharya Narendra Dev University of Agriculture and Technology, Kumarganj, Faizabad in the State of U.P. by the State Government and services of the employees, teachers and other staff of all the three universities were governed by the Uttar Pradesh Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1988 and the Statutes and Regulations framed thereunder. He has submitted that with effect from 1st January, 1986 pay scale of the Lab Assistant in Chandra Shekhar Azad Agriculture and Technical University, Kanpur and Gobind Ballabh Pant Agriculture and Technical University, Pantnagar, Uttarakhand was revised to Rs.1200- 2050/- vide Government Order dated 27th January, 1990 and 4th February, 1990 respectively.
13. Vetan Samata Samiti, on 7th November, 1998 after making a comprehensive study in respect of the posts existing in the State Government Departments, Educational Institutions, Local Bodies and District Board, recommended that the posts having different pay scale be merged and granted pay scale of Rs.1200-2040/-. Samta Samiti had recommended pay scale of Rs.1220-2040/- for the post of Lab Assistant in Medical Department having Intermediate (Science) qualification, even in Horticulture Department pay scale of Lab Assistant was revised to Rs.1200-2040/-.
14. Learned Senior Advocate has further submitted that Lab Assistants of two other agriculture universities and medical department were sanctioned pay scale of Rs.1200-2040/- except for the Lab Assistants of the University.
15. It is relevant to note here that a notification was issued on 12/19th November, 1993 whereby the Chancellor granted sanction auditing Chapter X(A) of the Statute which reads as under:-
" Scale of pay, Allowances, Pension/Gratuity, Provident Fund, Insurance and other service benefits:-
"The scale of pay allowances and other emoluments the rules of pension including family pension, gratuity general or contributory provident fund, Insurance and other service benefit for teachers, officials and employees of the University will be the same as per Government orders issued on the subject from time to time."
16. Learned Senior Advocate has further submitted that during pendency of this writ petition, the petitioners at Serial Nos.33, 35, 36 namely, Mr.Brijendra Kumar Singh, Mr.Anil Kumar Singh and Mr.Kedar Yadav got regularized by the opposite parties vide order dated 4th June, 2003 on the post of Lab Assistant in the pay scale of Rs.4000-6000/- (revised from Rs.1200-2040/-). Thereafter, vide orders dated 30th June, 2003 and 15th April, 2004, two other petitioners placed at Serial Nos.37 and 34 namely, Mr.Krishna Kant Singh Yadav and Mr.Krishna Kumar were also regularized in the pay scale of Rs.4000-6000/-. Two other Lab Assistants namely, Smt. Kusum Lata Chauhan and Smt. Mithlesh were also regularized vide order dated 31st March, 2005 on the post of Lab Assistant in pay scale of Rs.4000-6000/- in compliance of the orders of this Court dated 16th April, 2002 passed in Writ Petition No.4677(SS) of 2002: Merai versus State of UP & Ors.
17. It has been further submitted that the opposite parties have been adopting pick and choose policy to regularize some of the Lab Assistants in the pay scale of Rs.4000-6000/- whereas the petitioners were not regularized in the same pay scale and thus, the opposite parties have discriminated against the petitioners.
18. It has been further submitted that the State Government wrote a letter dated 13th March, 1996 to the Vice Chancellor of the University intimating that the pay scale of Rs.1200-2040/- against pay scale of Rs.975-1540/- had been illegally allowed by the University to the Lab Assistant and the said illegality in allowing the pay scale of Rs.1200-2040/- against the pay scale of Rs.975-1540/- had been figured in the audit objection. Therefore, it was directed that immediate necessary action should be taken for stopping the payment of salary in the pay scale of Rs.1200-2040/-. Another letter was written by the Government on 27th November, 1996 requesting the Vice-Chancellor to take rectificatory measures in the matter and send compliance report to the Government. It has been further submitted that the sole ground for Government's objection and direction for stopping the payment of pay scale of Rs.1200-2040/- was the audit objection. On 9th February, 2009, a letter/report was sent to the Assistant Director, Local Funds Accounts and Statutory Audit Section of the University by the Head of Department of the University indicating that pay scale of Rs.1200-2040/- was rightly and legally allowed to the Lab Assistants working in the University and there was no illegality or arbitrariness in granting the said pay scale to the Lab Assistant as figured in the audit objection. It was requested that on the basis of report, the aforesaid audit objection for the financial year 1990-91 should be dropped/removed.
19. Assistant Director, Local Funds Accounts and Statutory Audit Section of the University vide letter dated 12.02.2019 sent the said letter of the Head of Department dated 09.02.2009 on the subject to the Finance Controller of the University wherein it was recommended that audit objection for the financial year 1990-91 related to the alleged illegal pay scale of Rs.1200-2040/- to the Lab Assistants be dropped.
20. Learned Senior Advocate, therefore, has submitted that the very basis of the impugned order dated 28th April, 1998 is non-existent ground inasmuch as the audit objection for the year 1990-91 had been removed and the petitioners ought to have been granted the pay scale.
21. It has been further submitted by the learned Senior Advocate that the Lab Assistants working in other Departments of the State Government including in the affiliated colleges and universities, on the basis of recommendation of the Samata Smiti, have been drawing salary of the pay scale of Rs.1200-2040/- (revised Rs.4000-6000/-) with effect from 1st January, 1986. He has also drawn attention of the Court to the Government Order dated 26th September, 2013 whereby the State Government had taken a decision regarding fixation of pay on the basis of recommendation dated 7th November, 1998 of the Vetan Samiti in respect of Educational and Technical Education institutions.
22. It has been further submitted that the recommendations of the pay committee would show it had been recommended that the lab assistants posted in the affiliated colleges with the University should be given the pay scale of Lab Assistants at par the Lab Assistants posted in the Government Department and Institutions.
23. It has been submitted by the learned Senior Advocate that in view of the aforesaid, the petitioners are also entitled the salary for the pay scale of Rs.1200-2040/- (revised as Rs.4000-6000/-) in the sixth pay scale and, thereafter in the pay scale of Rs.5200-20200/- along with grade pay of Rs.2400/-.
24. On the other hand, Mr Sanjay Mishra, learned Additional Chief Standing Counsel appearing for the respondent No.1 and 2 has submitted that the petitioners were initially appointed as Lab Assistants in the pay scale of Rs.200-320/-, which was revised from Rs.354-550/- with effect from 1st July, 1979 and it was again revised to Rs.950-1500/- with effect from 1st January, 1986. The petitioners were illegally sanctioned the pay scale of Rs.1200-2040/- by the University in anticipation of approval by the State Government. Mr. Sanjay Mishra, learned A.C.S.C. has also submitted that the pay scale of Lab Assistants in Chandra Shekhar Azad Agriculture and Technical University, Kanpur was Rs.775-1025/- and Rs.1200-2040/- on or before 1st January, 1986 whereas in Gobind Ballabh Pant Agriculture and Technical University, Pantnagar, pay scale of Lab Assistant was Rs.430-685/- and Rs.354-550/- prior to 1st January, 1986 and after re-fixation with effect from 1st January, 1986, two pay scales became Rs.1200-2040/- and Rs.950-1500/-.
25. It has been further submitted by Mr.Sanjay Mishra, learned A.C.S.C. that there was only one pay scale of Lab Assistant in the University which was initially Rs.200-320/-, which got revised to Rs.354-550/- with effect from 1st July, 1979 and, then it was further revised to Rs.950-1500/- with effect from 1st January, 1986. He, therefore, has submitted that the petitioners are not entitled for the pay scale of Rs.1200-2040/-.
26. Mr Sanjay Mishra, learned Additional Chief Standing Counsel has also submitted that the petitioners have not brought any material on record to show that nature of work and duties, volume of work, degree of responsibility, quality and quantity of work, area of work etc., of Lab Assistants in the University and Chandra Shekhar Azad Agriculture and Technical University, Kanpur, Gobind Ballabh Pant Agriculture and Technical University, Pantnagar, Uttarakhand are same. It has been further submitted that the petitioners were appointed in the pay scale of Rs.200-320/-, which was revised as mentioned above to Rs.950-1500/- with effect from 1st January, 1986 and, therefore, they were not entitled for pay scale of Rs.1200-2040/- as claimed by them. The State Government, therefore, directed the University to cancel the order of granting pay scale of Rs.1200-2040/- to them. He, therefore, submits that there is no illegality in the impugned order passed by the State Government and consequential order passed by the University.
27. Mr Uttam Kumar, learned counsel appearing for the University has submitted that the Board of Management in its meeting dated 12th September, 1991 resolved to sanction of new pay scale of Rs.1200-2040/- for the post of Lab Assistant with effect from 1st January, 1986 as the Lab Assistants posted in the University went on strike in the year 1991 making demand of revised pay scale of Rs.1200-2040/-. Said pay scale was granted to the Lab Assistants in anticipation of the approval from the State Government. He has further submitted that the University received grant/budget from the State Government and, since revised pay scale of Rs.1200-2040/- was not approved by the State Government, the petitioners did not become entitled for the said pay scale inasmuch as the same was granted to them by the University provisionally in anticipation of the approval from the State Government.
28. I have considered the submissions advanced on behalf of the learned counsel for the petitioners as well as learned Additional Chief Standing Counsel and Mr Uttam Kumar Verma, learned counsel appearing for the University.
29. As per the interim order, the petitioners have been drawing revised pay scale of Rs.1200-2040/- after it was sanctioned to them in the year 1991. Thus, for 31 years, the petitioners have been paid revised pay scale. The University itself has granted revised pay scale to some of the Lab Assistants as mentioned above. Even pay committee has recommended the identical pay scale to the Lab Assistants in Government Departments and other institutions which was Rs.1200-2040/- (Revised Rs.4000-6000/-). The audit objection, which was the basis for withdrawing the pay scale of Rs.1200-2040, was removed and the very ground for issuing the Government Order vide order dated 28th April, 1998 got vanished after removal of the audit objection. It is not in dispute that the Lab Assistants working in the other Government Departments were in the pay scale of Rs.1200-2040/- with effect from 1st January, 1986 and, thereafter Rs.4000-6000/- in the sixth pay scale. The petitioners are duly appointed having requisite qualifications for the post of Lab Assistant and they have been working for fairly long time and some of them have retired and others are on the verge of retirement. At this stage, it would be unjust and improper to decline the pay scale of Rs.1200-2040/- (revised from time to time).
30. In view of the aforesaid discussion, the present writ petition is allowed. The petitioners in this writ petition are entitled to pay scale of Rs.1200-2040/- with effect from the date of interim order i.e. 22nd June, 1998 (revised from time to time).
(Dinesh Kumar Singh, J.) Order Date :- 25.02.2022 prateek