Govind Dan @APPELLANT@Hash Swami Keshwanand Rajasthan Agricultural University

This writ petition has been filed by the petitioner seeking a direction to the respondents to provide benefits of revision of pay scale w.e.f. 01.04.1969

under the Ranawat Pay Scale, 1969 (‘Ranawat Pay Scale’) with all consequential benefits.

The petitioner was initially appointed on the post of Dairy Assistant on 01.04.1969 in the pay scale of Rs. 110-230 in the erstwhile Udaipur

University.  Subsequently the Rajasthan Agricultural University came into existence. Whereafter the same has been renamed as Swami

Keshwanand Rajasthan Agricultural University.

One Ranawat Pay commission was constituted so as to analyze the anomalies into pay scales of the employees of various Universities and to

recommend appropriate and proper pay scales for the employees. The pay scales recommended came to be known as Ranawat Pay Scale.Â

After the recommendations were made, the University issued order dated 27.06.1980 (Annexure-1), inter alia, providing for pay scale of Rs. 150-8-

190-10-210-15-330 in the Ranawat Pay Scale and its corresponding scale of Rs. 440-10-490-20-770 to the Lab. Assistants/Lab. Technician (Non-

graduate) w.e.f. 01.09.1976.

The office order also provided as under:-

“The pay of all such employees as on 1.9.1976 in the Ranawat Pay scale, 1969 first be fixed at the equal stage and if in case there is no equal

stage, they may be fixed at next higher stage in Ranawat Pay scales, 1969. After fixing to Ranawat Pay Scale, 1969, the corresponding pay scale in

revised new pay scale, 1976 be allowed.

The above fixation shall be done on the pay as on 31.8.1976 in Ranawat pay scale, 1969 and in revised new Pay Scales, 1976 as on 1.9.1976.

All the concerned employees shall to give an undertaking that they will not claim any arrear to 1.9.76 and also agree to refund the over payments, if

any made to them on account of incorrect fixation in the above pay scale.â€​

The petitioner, who was working as Dairy Assistant, claimed that the nature of duties of the Dairy Assistants and Poultry Assistants were similar to

Lab. Assistants and Technicians and that their posts were inter-transferable and, therefore, they were entitled to the similar direction as given for the

Lab. Assistants/Technicians. The plea raised by the petitioner was supported by the Controller of the University by his communication dated

25.09.1980 addressed to the Dean.Â

Whereafter, the Dean by his communication dated 27.09.1980 (Annexure-3), addressed to the Controller of the University, recommended as under:-

“Since the nature of duties of the Dairy Assistants and Poultry Assistants are similar to that of Lab.

Technician/Assistants and the posts are inter-transferable from one Department to another, so it is recommended that the pay scale of Dairy and

Poultry Assistants may kindly be revised to Rs. 440-770. Â It may be mentioned that there are only five posts of Dairy and poultry Assistants at this

college and the financial liability would be about Rs. 100/- per month. Out of five persons, four are working since last more than 10 years and have

reached upto the maximum of the pay scale and they do not have any opportunity for further promotion.â€​

The matter remained pending as it is and when the petitioner issued notice through the Counsel, comments were sent by the Dean to the Registrar

vide Annexure-4, again reiterating that the pay scale of Dairy/Poultry Assistants may be revised according to the pay scale of Lab. Assistant i.e. Rs.

440-770/- from 01.09.1976.

Ultimately, the University by its order dated 01/5.07.1996, pursuant to the Board of Management’s decision dated 27.03.1996, accepting the

Samta Samiti recommendations, ordered as under:-

“Dairy Assistant/Poultry Assistant/Inseminator be allowed the pay scale of Lab Technician and in future when Govt. revise the pay scale of Lab.

Technician, the same pay scale will be allowed to Dairy Assistant/Poultary Assistant/Inseminator also.â€​

Pursuant to the above order, the Dean issued the following office order dated 5.12.1996 seeking to implement the order dated 05.07.1996:-

“OFFICE ORDER

Pursuant to University Order No. F.376/ AB/Estt/ Gr.II/96/658/dated 25.7.96 Sh. Govind dan, Dairy Astt. Of this college is hereby allowed the pay

scale of Rs. 440-18490-20-770 with effect from 1.9.76 and pay fixed 440/- p.m. minimum of scale with next date of increment from 4.1.77. He will

not get arrear prior to 1.9.88.â€​

Feeling aggrieved, the present writ petition has been filed.

It is submitted by learned counsel for the petitioner that once the University had accepted the plea of the petitioner that the duties of Dairy Assistant

were equivalent to Lab. Assistant/Technician and order dated 01/5.07.1996 (Annexure-5) was issued ordering for allowing similar pay scale to the

Dairy Assistant/Poultry Assistant/Inseminator, there were no reasons for the respondents to issue order dated 05.12.1996 (Annexure-6) partially

implementing the said equivalence, inasmuch as, the Lab. Technicians were granted the benefit by order dated 27.06.1980 (Annexure-1).Â

It is also submitted that on account of the partial implementation of the order, providing for fixing of the petitioner at minimum of the pay scale i.e. Rs.

440/- per month on 01.09.1976, has resulted in the basic pay of the petitioner getting reduced from Rs. 2,800/- to Rs. 2,500/-. Further submissions have

been made that the order dated 05.07.1996 had not indicated that the arrears were to be paid from 01.09.1988, however, the said order has been

passed without any basis and, therefore, to the said extent also the order impugned deserves to be quashed and set aside.

Learned counsel appearing for the respondent supported the action of the respondents in placing the petitioner at the minimum of the pay scale w.e.f.

01.09.1976 and to pay arrears w.e.f. 01.09.1988. It was submitted that the Ranawat Pay Scale had recommended the grade of Rs. 120-240 in

respect of Lab. Assistant and Rs. 110-230 in respect of Dairy Assistant, but the

University after considering all the circumstances of the case revised the pay scales of the Dairy Assistant in the year 1996, based on the decision

taken by the Board of Management. Further, submissions have been made that as the pay scales, as suggested by the Ranawat Commission, were

only Rs. 110-230 for Dairy Assistant, the grant of pay scales w.e.f. 01.09.1976 at the minimum of the pay scale at Rs. 440 was justified. Further

submissions have been made that as in the order dated 05.07.1996 the Dairy Farm Supervisor has been allowed the pay scale from 1988, the arrears

have been paid to the petitioner from the said date.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

Though emphasis in the reply of the University has been that Dairy Assistants and Lab. Assistants were different and that Ranawat Pay Scale had

also provided for different pay scales, however, the said aspect looses significance once the order dated 05.07.1996 (Annexure-5) has been issued by

the University ordering for equivalence of the pay scale of Lab. Technicians and Dairy Assistants. The only issue remains is implementation of the

said order.

By order dated 05.12.1996 though the petitioner has been granted the pay scale of Rs. 440-770 w.e.f. 01.09.1976, the pay has been fixed at Rs. 440/-

per month and arrears have been ordered to be paid w.e.f. 01.09.1988. Both the said directions while implementing the order dated 05.07.1996

appear to be not justified in the circumstances of the case.

As already indicated by the petitioner in his writ petition that the result of fixing the petitioner at the minimum of the pay scale on 01.09.1976 has

resulted in his basic pay being reduced from Rs. 2800 to 2500, which cannot be the intention of providing the benefit to the petitioner by way of

according the equivalence between the pay scales.

At the time of passing of the order dated 27.06.1980 granting pay scale of Rs. 150-330 equivalent to corresponding scale of Rs. 440-770 to the Lab.

Technicians, the said aspect was taken into consideration and it was provided that the employees would be first fixed at the equal stage and if in case

there is no equal stage they may be fixed on the next higher scale of Ranawat Pay scale and after so fixing in the Ranawat Pay Scale the

corresponding pay scale in the revised pay scale be allowed.

The petitioner was also entitled to the same treatment so as to give the benefit as ordered by order dated 05.07.1996. The action of the respondents

in ordering for fixing him at the minimum of the pay scale as on 01.09.1976 is ex facie incorrect and in fact takes away the benefit accorded by order

dated 05.07.1996, which cannot be countenanced.

So far as award of arrears w.e.f. 01.9.1988 is concerned, the said cut off date also apparently has no support. Either the respondents could have

restricted it from the date of order dated 05.07.1996 and/or could have made it equivalent to what was provided to the Lab. Technician by order dated

27.06.1980. There cannot be anything in between. Despite petitioner questioning the validity of cut off date of 01.09.1988 no response has been

given by the University in reply justifying the said cut off date. The submissions made by learned counsel for the respondents based on the

intimation in order dated 05.07.1996 (Annexure-5), whereby, the Dairy Farm Supervisors were allowed the pay scale w.e.f. 01.09.1988, cannot have

any implication in so far as the petitioner is concerned, who was holding the post of Dairy Assistant and qua him, only direction is to allow the similar

pay scale as provided to the Lab. Technician.

By office order dated 27.06.1980 (Annexure-1) the arrears were given w.e.f. 01.09.1976 to the Lab. Technicians and the petitioner would also be

entitled to the same.

In view of the above discussion, the writ petition filed by the petitioner is partly allowed. The order dated 05.12.1996 to the extent it provided for fixing

the petitioner at the minimum of the pay scale i.e. Rs. 440 per month and providing for arrears w.e.f. 01.09.1988 is quashed and set aside. The

petitioner would be entitled to benefits as accorded to the Lab Technicians by order dated 27.06.1980 (Annexure-1) i.e. his pay as on 01.09.1976

would be fixed at the equivalent stage in the Ranawat Pay Scale and after fixing in the Ranawat Pay Scale would be fixed in revised pay scale 1976

and he would also be entitled to arrears w.e.f. 01.09.1976 with all consequential benefits.Â

Needful may be done by the respondents within a period of four months from the date a certified copy of this order is placed by the petitioner with the

respondent University.Â