Dr. Prabhat Kumar Singh and Others vs State of U.P. and Others

Heard learned Counsel for parties and perused the pleadings of writ petition.

By way of this writ petition, petitioners have prayed for quashment of order dated 09.07.2009 and circular dated 11.06.2009 passed by opposite party No. 3 (Vice Chancellor, Narendra Dev University of Agriculture and Technology Kumarganj, Faizabad).

It appears that petitioner Nos. 1 and 2 were appointed on 07.08.1992 and 18.08.1992 respectively on the post of Training Associate/Assistant Professor in the pay-scale of 2200/- to 4000/- whereas petitioner Nos. 3 and 4 were appointed on 05.12.1994 and petitioner No. 5 on 19.11.1994 on the same terms and conditions. All petitioners were given senior pay-scale for the post of Assistant Professor/Training Associate along with two others who were placed at serial No. 2 & 3 as per annexure No. 1 to the writ petition, vide orders with reference Nos. 760/10.06.2005, 538/27.05.2004, 1703/19.11.2004, 2180/11.02.2005, 303/25.04.2007, 339/27.05.2004 & 186/29.03.2005. It also appears that all petitioners were appointed through an advertisement dated 02.06.1992. They were interviewed by a Selection Committee constituted under the supervision of ICAR(Indian Council Agricultural Research). The head of NGO under whose administration appointments were made was the Chairman of Selection Committee apart from four other members. There is no dispute that the entire fund was being given by ICAR itself for running of Krishi Vigyan Kendras (in short ''KVK'') an NGO, and the petitioners worked from 1992 to 2002 in KVK as Training Associates. Besides, in the year 1996, petitioners were also given the benefits of the recommendations of 5th Pay Commission and thus were given the pay-scale of 8000-13500 with all admissible allowances. However, in the year 2002 all working staff of KVK along with immovable property was transferred and merged with Narendra Dev University of Agriculture and Technology as per the Govt. Order dated 26.11.2001. On the basis of merger of services, pay-scales of petitioners were fixed as per report of 5th Pay Commission and they were given the senior pay-scale admissible for the post of Assistant Professor on 10.06.2005, 27.05.2004, 19.11.2004, 11.02.2005 & 25.04.2007 with retrospective effect from 27.07.1998, 13.08.1999, 05.12.2000 & 19.11.2000 respectively.

It would also appear from the pleadings of writ petition that the merger of services of petitioners and transfer of KVK to Narendra Dev University of Agriculture and Technology were duly approved by the Board of Management of University in its 112th meeting dated 07.07.2001. As noticed above, KVK was receiving 100 % fund from ICAR and not from State Government and in the University also, salary and expenses of the staff of KVK were to be borne from the fund received from ICAR. However, it seems that after joining of petitioners in the University pursuant to merger of their services from KVK, an order dated 09.07.2009 with reference No. 758/Estt-3/Amended/Expen./2009 was issued by Narendra Dev University of Agriculture and Technology, whereby the dates of granting senior pay-scale were changed arbitrarily to the disadvantage of petitioners who being aggrieved by that order have thus filed this writ petition.

Dr. L.P. Mishra, learned Counsel for petitioners submitted that the petitioners were being paid their salaries from the funds released by ICAR during the employment with KVK, the erstwhile employer, and even presently as per the conditions of merger of their services with the University. Learned Counsel also submitted that the petitioners fulfil all the eligibility criteria for being entitled to get the senior pay-scale, and also the benefits under the Career Advancement Scheme but by ignoring the period of their services with KVK, the University has passed the impugned order arbitrarily. As a result they have been deprived of the benefits which they had already been granted under the Scheme while working with the erstwhile employer. The benefits were granted after counting the services rendered with the said organization and also under the Schemes of ICAR and University Grants Commission.

On the other hand, learned Counsel appearing for Narendra Dev University of Agriculture and Technology referred to a Memorandum of Understanding (for short ''the MoU) arrived at between the parties at the time of merger of services of the staff of KVK with the University. In particular, a reference was made to Para 11 of the said MoU which on reproduction reads as:

Completed 05 years of service in the senior scale, provided that the requirement of 5 years service will be relaxed if the total service of the Asstt. Professor or Equivalent after regular appointment is not less than 11 years.

Learned Counsel also referred to the Career Advancement Scheme of ARS Scientists under ICAR. In accordance with the paragraph dealing with counting of past services, if any employee has any difficulty, he/she can approach the ICAR.

On due consideration of rival submissions, we are of considered view that the order impugned herein (annexure-1) is not sustainable for reasons that the petitioners were earlier working with KVK under a scheme being funded by ICAR and KVK was merged with Narendra Dev University of Agriculture and Technology in 2002 with all stipulation for payment of salary of petitioners from the funds released by ICAR. Besides, past services of petitioner under the Career Advancement Scheme were also to be counted. The relevant stipulation on reproduction reads as:

COUNTING OF PAST SERVICE:

Previous service without any break as a Scientist or equivalent, in a University, College National Laboratory, or other scientific, R & D and Teaching Organizations, e.g. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR etc. should be counted for placement of scientists in Senior Selection Grade provided that:

i. The post was in an equivalent grade/scale of pay as the post of Scientist.

ii. The qualifications for the post were not lower than the qualifications prescribed by the ICAR for the post of Scientist. iii. The candidates who apply for direct recruitment should apply through proper channels.

iv. The concerned Scientists should possess the minimum qualifications prescribed by the ICAR for appointment as Scientists.

v. The post was filled in accordance with the prescribed selection procedure as laid down by the University/State Government/Central Government/Institution''s regulations;

vi. The appointment was not ad-hoc or in a leave vacancy of less than one year duration. Ad-hoc service of more than one year duration can be counted provided:

(a) the ad-hoc service was of more than one year duration

(b) the incumbent was appointed on the recommendation of duly constituted Selection Committee; and

(c) the incumbent was selected to the permanent post in continuation to the ad-hoc service, without any break.

Thus, the services rendered by petitioners anywhere as Scientist or equivalent, in a University, College, National Laboratory, or other scientific, R & D and Teaching Organisations, like; CSIR/ICAR,DRDO, UGC, ICSSR, ICHR etc. are to be counted for placement of Scientists in the Senior Selection Grade. That is why, the period of continuous services of petitioners in KVK in view of the similar nature of job is to be counted for the purpose of reckoning the length of service to grant benefits admissible under the Career Advancement Scheme. They would thus be entitled to claim the counting of their services, for benefits under the scheme, right from the date of joining in KVK which as per MoU has since merged with the University.

We fail to understand the reasons for ignoring the petitioners who have got enough experience (having put in sufficient length of service) having worked in an organization of the description as referred to hereinabove. Transfer of services of petitioners from the erstwhile employer organization which existed only on the financial support of ICAR, which is again funding the payment of salary of petitioners in the University, would not make out a valid ground for arbitrarily denying the benefits.

In view of all the aforesaid, we allow this writ petition and quash annexure-1 dated 09.07.2009 passed by the Administrative Officer, Narendra Dev University of Agriculture and Technology. The petitioners would thus be entitled to get the consequential benefits as prayed in this writ petition.

The writ petition is thus allowed.