VICE CHANCELLOR, G.B. PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY AND ANR.versusDR. KEWALA NAND AND ORS. ETC.

A            VICE CHANCELLOR, G.B. PANT UNIVERSITY OF
             AGRICULTURE AND TECHNOLOGY AND ANR.
                                           v.
                     DR. KEWALA NANO AND ORS. ETC.

                               SEPTEMBER 10, 1998
B
            [SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.)


           .Service Law-Pality i11 employment and pay scale-Two cadres of Re-
    search Assista11ts and Se11ior Research Assistants working in appella11t-1111iver-
C   sity-Research Assistallls appointed i11 pay-scale of Rs. 350-700 (revised to
    Rs. 500-900) 011 the basis of B.Sc qualification while Senior Research Assis-
    tant appointed in pay scale of Rs. 700-1600 011 the basis of M.Sc qualifica-
    tio11--Claim of Research Assistants for pality of pay with Senior Research
    Assistants and for equating with teachers 011 the basis of the pay scales of
D   Research Assistants wm*ing in two other universities of the State-Howeve1;
    such Research Assistallf working for other universities appointed 011 the basis
    of M.Sc. qualificatio11--Pay scale revised to the Research Assistants working
    for appellallt- university at par with Senior Research Assistant having M.Sc.
    qualificatio11 prospectively-Held, there is no legal basis to claim grant of pay
E   of Senior Research Assistants retrospectively-Retrospective pa1ity ca1111ot be
    claimed as a matter of 1iglit when appoilltments were made 011 the basis of
    different qualifications and different selection---Fwthe1; Research Assistants
    were not declared teachers by the Govemment and therefore grant of higher
    scale to them prospectively would not affect seniolity to teaching staff like
    Professors, Junior or Senior Research Officers and Subject-matter
F   Specialists---U.P. Agiicultural University Act, 1958---Section 28(r).

           There were two cadres of Research Assistants and Senior Research
    Assistants working in the appellant-university having pay scales of Rs.
    350-700 (revised w.e.f.1.4.1978 to Rs. 500· 900) and Rs. 7110-1600 respective·
    Iy, with educational qualifications for appointment being B.Sc. and M.Sc.
G   respectively for ·the said cadres. Research Assistants claimed that they
    should also be given the pay scale of Rs. 71111-1600 from 1.4.1978 and its
    corresponding revised pay scale of Rs. 2200-4000 w.e.f. 1.1.1986. This was
    claimed by the cadre of Research Assistants on the basis of the pay scales
    prevailing in the other two universities in the State with respect to such
H   Research Assistants. However, these Research Assistants in the other
                                         550




                                                                                         \
                   VICE CHANCELLOR v. DR. K. NANO                           551

universities had unified cadre and were given the pay scale of Rs. 700-            A
900/Rs. 2200-4000 with M.Sc. degree. These Research Assistants also
claimed their parity with the teachers who were allowed minimum pay scale
of Rs. 700-1600, and went on strike for the same. It was then, that the Board
of Management of the appellant-university on 12.12.1989 declared the Re-
search Assistants as teachers and resolved that they should be sanctioned
the pay scale of Rs. 700-1600w.e.f. l.4.1978, later revised to Rs. 2200-4000 on
                                                                                   B
the date as fixed by the Indian Council of Agricultural Research. It was
made clear that payments would be made only after the issue of Government
Orders. This was followed by a Board Resolution dated 16.12.1989 that
those Research Assistants who were appointed on regular basis on 1.4.1978
or before and who possessed M.Sc. degree would be paid the revised scale           c
on receipt of the required contribution grant from the Indian Council of
Agricultural Research/State Government. This was made clear that these
were being implemented only on a provisional basis and in anticipation of
the sanction of the State Government. However, appellant-university
received a letter from the State Government dated 23.12.1990 conveying the         D
appellant-university that the Government's sanction could not be accorded
to the grant of University Grants Commission's pay scale of Rs. 700-
1600/2200-4000 to Research Assistants. Sanction was also not accorded to
the declaration of Research Assistants as teachers. Later on the appellant-
university had revised the pay scale of these Research Assistants along with
Technical Assistants and Extension Assistants who possessed l\l.Sc. degree         E
with minimum second class as prescribed by UGC to : (i) Rs. 500- 900 up to
31.12.1985; (ii) Rs. 1740-3000 from 1.1.1986; and (iii) Rs. 2200-4000 from
12.12.1989 with the sanction of State Government vide its letter dated
7.3.1991. This letter further stated that this benefit would be available to all
such incumbents who were in position on 1.4.1978 or earlier.
                                                                                   F
       Since pay scales as per the Order of the appellant- university dated
16.12.1989 were discontinued after March 1990 the Research Assistants
filed a writ petition before the High Court claiming the pay-scale of Rs.
700-1600/2200-4000. High Court allowed the said pay scale to the Research
Assistants on the ground that such pay-scales had been made available to G
the Research Assistants of the other two Agricultural Universities of the
State. Hence this appeal by the University. Teaching staff of the appellant-
university apprehended that by reason of the judgment of the High Court
Research Assistants would get seniority over the teaching staff ofthe appel-
lant-university have also, preferred an appeal.                              H
    552                   SUPREME COURT REPORTS (1998] SUPP. 1 S.C.R.

A         Allowing the appeals, this Court

           HELD : 1.1. 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 n'o separate cadre of Senior Research Assistants. Therefore, those
B   possessing M.Sc. degree were given a higher pay scale and those possessing
    B.Sc. degree were given 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 were two separate cadre, of Research Assistants and senior
    Research Assistants, separate minimum qualifications and separate selec-
C   tion, the pay of the two cannot be directed to be identical. 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 Re-
    search 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
D   1.4.1978to12.12.1989. [557-G; H; 558-A; BJ

          1.2. As regards the appeal 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
E   reason of £he judgment of the High Court Research Assistants wonld get
    seniority over the teaching staff of the appellant-university and would claim
    benefit of various allowances, accommodations etc. on the basis of that
    seniority, it is made clear that the seniority of teaching staff of the appel-
    lant-university consisting of Assistant Professors etc. is not affected in any ·
    manner. [558-E; F; G; H; 559-A]
F
         CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3751 of
    1996 Etc.

         From the Judgment and Order dated 18.9.95 of the Allahabad High
    Court !n W.f. No. 11293 of 1990.
G
                                        WITH

          C.A. Nos. 3752 or 1996 and 6724 of 1996.

         P.P. Rao, R.K. Jain, V.R. Reddy, (Raj Kumar Gupta) for A.J'i.
H   Bardiyar, R.K. Upadhyay, C.P. Pandey, Ashok K. Srivastava and Rajesh ·
    VICE CHANCELLOR v. DR. K NAND [SUJATA V. MANO HAR, J.] 553

for the appearing parties.                                                      A
      The Judgment of the Court was delivered by

      MRS. SUJATA V. MONOHAR, J. Civil 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 Al-           B
lahabad High Court under which Research Assistants working in the
appellant-university haye been declared as entitled to payment of salary in
the pay-scale 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,
                                                                                c
Faizabad and Chandrashekhar Azad University of Agriculture and Tech-
nology, 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              D
against the same judgment and order of the Allahabad High Court.

      In the 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
                                                                                E
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.         F
      It 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.
500-900 and they also claimed the revised 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 mini-          G
mum pay-scale for teachers was Rs. 700-1600. In respect of the agricultural
universities which come under the Indian Council of Agricultural Re-
search, the said council had, by its circular of 4.7.1977, informed the
agricultural universities that assistance from the Indian Council of Agricul-
tural Research would be available to all academic, research and extension       H
    554                   SUPREME COURT REPORTS (1998) SUPP. 1 S.C.R.

A staff who are recongnised as teachers under the universities', statutes. The
    Research Assistants in the appellant-university were, however, not recog-
    nised as teachers under the statutes of the appellant-university. Therefore,
    they were not given the U.G.C. pay-scale of Rs. 700-1600.

           The Research Assistants of the appellant-university carried on an
B   agitation and went on 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 Boan! of Management of the
    appellant-university at its meeting held on 12.12.1989 declared the Re-
    search Assistants as teachers and resolved that they should be sanctioned
C   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
D   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.

E       The 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 emolu-
F ments 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 Wl'itten approval to the proposed emoluments is obtained by the Vice
G Chancellor and placed before the Board. The appellant-university, there-
  fore, 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.

H         Pursuant to the Board resolution of 12.12.1989, an order was issued
          VICE CHANCELLOR v. DR. K. NAND [SUJATA V. MANO HAR, J.) 555

      by the university through the office of the Chief Personnel Officer dated A
      16.12.1989. Clause (l)(ka) of the order stated that all those Research
      Assistants who were appointed on regular basis on 1.4.1978 or before and .
      who possess a Masters degree in the second division in the related 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 anticipa-
      tion of the sanction of the State Government. The arrears would be payable
                                                                                  B
      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. Pur- C
      suant 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 were teachers.

            The appellant-university received a letter from the State Government    D
      dated 23.12.1990 conveying to the university that the Governments 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   E
      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:-

      (1) Rs. 500-900 upto 31.12.1985;
      (2) Rs. 1740-3000 w.e.f. 1.1.1986 to 11.12.1989; and                        F
      (3) the pay-scale of Rs. 2200-4000 w.e.f. 12.12.1989 to the Research Assis-
      tants, 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.                                           G

c:i
            The 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.

            Since pay-scales as per the order of the university dated 16.12.1989    H
    556                   SUPREME COURT REPORTS (1998] SUPP. 1 S.C.R.

A 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 agricul-
B   tural universities in the State, namely, the said university at Kanpur and the
    said university at Faizabad.

         The appellants have pointed out that the High Court's assumption
  that Research Assistants in the other two universities are given the said
  higher pay-s::ales or that they are occupying a position comparable to the
C 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 a B.Sc. degree in agriculture and other allied subjects while
  the minimum qualification for the latter is an M.Sc. degree in agriculture
D 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 Rs. 700-1600 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
E 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 respon-
  dents want the pay-scale of Rs. 2200-4000 and its earlier corresponding
  scale of Rs. 700-1600 from 1.4.1978 on the basis that the Research Assis-
  tants in the other two agricultural universities get it. However, from the
F 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.

          Both in Kanpur and Faizabad Universities, the persons who were in
    the subordinate agricultural service of the State Government in Groups I,
G   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- scale:; for Groups II and III were Rs. 280-460 and Rs. 230-385
H   respectively. Persons belonging to Groups II and III when absorbed as
         VICE CHANCELLOR v. DR. K. NANO [SUJATA V. MANOHAR, J.) 557

     Research Assistants in the Kanpur Agricultural University were, if they         A
     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
                                                                                     B
     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.
                                                                                     c
            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 repre-
     sentation. Therefore, the position of Research Assistants in the Agricul-       D
     tural University at Kanpur is not comparable to the position of Research
     Assistants in the appellent-university.

           In the Agricultural University at Faizabad also persons belonging to
     subordinate agriculture service in the State were transferred and absorbed
     in the said university. Those who were in Groups II and III of the subor-       E
     dinate 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
                                                                                     F
     University at Faizabad also there were no two separate cadres of Research
     Assistants and Senior Research Assistants with their own qualifications and
     pay.

           Therefore, the High Court has proceeded on a wrong assumption
     that all Research Assistants in the other universities were given from G
     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 H
    558                  SUPREME COURT REPORTS [1998) SUPP. 1 S.C.R.

A 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
B   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 to 12.12.1989.

C       The 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
D 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.

E       The third Civil Appeal No. 3752of1996 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 ap-
  prehended 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,
F 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
G 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
H judgment of the Allahabad High Court the seniority of the teaching staff
    VICE CHANCELLOR v. DR. K. NANO [SUJATA V. MANOHAR,J.] 559

of the appellant-university consisting of Assistant Professors etc. is not   A
affected in any manner.

      In the 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.                                                           B
R.K.S.                                                   Appeals allowed.