BHARTIBEN N BHAVSAR Vs. KULSACHIV

JUDGEMENT

(1.) These two petitions involve identical questions, and therefore, they are heard together and are decided by this common judgment.

(2.) The petitioners in Special Civil Application No. 10172 of 1996 and some of the members of the petitioner-Union in Special Civil Application No. 9662 of 1996 were working with the respondent-Gujarat Krishi University [hereinafter referred to as, "the University"] as Laboratory Assistants and were being paid salary in the pay-scale of Rs. 380-600. The said post came to be re-designated from Laboratory Assistant to Laboratory Technician. On 15th March, 1978 the pay-scale of Laboratory Technicians working under the Government came to be revised by the Finance Department of Gujarat State from Rs. 380-600 to Rs. 425-700. Since the Laboratory Technicians in the Government departments and those working in the respondent-University were being paid salary in the same pay-scale, the respondent-University by its Resolution dated 15th February, 1979, revised pay-scale of Laboratory Technicians from Rs. 380-600 to Rs. 425-700. Requisite notifications were issued by the University on 7th May, 1985 and 25th September, 1985 effecting the change. By Notification dated 7th September, 1987, the University revised pay-scale of Laboratory Technicians from Rs. 425-700 to Rs. 1400-2300. The said revision was approved by the Local Fund Office and the petitioners started drawing the benefit of upward revision in the pay from 30th September, 1989. The petitioners' case is that they were not paid arrears of the above revision in the pay-scale. Later on, the auditors of the Local Fund Office cancelled the earlier order approving grant of pay-scale of Rs. 424-700 to the post of Laboratory Technicians in the University. The University took up the issue with the Government for continuing the pay-scale of Rs. 1400-2300 to the Laboratory Technicians. However, on 6th November, 1996, the University issued a Notification cancelling its decisions to revise the pay-scale from Rs. 380-600 to Rs. 425-700 and from Rs. 425-700 to Rs. 1400-2300, respectively, on the ground that the University had no power to revise the pay-scale of its employees and the Government has disapproved the decision of the University of its revising their pay-scale.

(3.) On the same day i.e., 6th November, 1996, a circular was also issued to recover the amount already paid to the concerned employees. The said order was passed without affording any opportunity to the petitioner of being heard and thus resulted into the petitions.