DR. I. M. PANDVA AND OTHERS Vs. STATE OF GUJARAT AND ANOTHER
HIGH COURT OF GUJARAT
Dr. I. M. Pandva And Others
State of Gujarat and Another
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(1.) The Petitioners are the Professors in L. D. Engineering College. Ahmedabad or in Lakhadhirii College of Engineering, Morvi. In fact Petitioners Nos. 1, 2, 3 and 5 are the Professors in L. D. Engineering College. Ahmedabad and Petitioner No. 4 is a Professor in the College of Engineering which is known as Lakhadhirii College of Engineering, Morvi. All the Petitioners are holding the Post-graduate qualifications in their respective subjects and each one of them has Put in more than ten years experience. Petitioners Nos. 1 and 3 are Professors of Mathematics. Petitioners Nos. 2 and 5 are professors of Physics and Petitioner No. 4 is Professor of Chemistry. Now in these colleges. it appears that. the subjects are divided and they call certain subjects as technical subjects and certain subjects as non-technical subjects. Physics. Chemistry and Mathematics. according to these institutions. fall within the category of nontechnical subjects. It will not be necessary to enter into any controversy in regard to these classifications for the purpose of deciding this Petition. Every subject would be considered technical or non-technical at a given Point of time. That is not of any importance. It is also not in dispute that the Professors of Mathematics. Physics and Chemistry in these colleges were drawing the same salary as those which were Paid to other Professors who were teaching engineering subjects in these colleges UP to the year 1958. Professors who were teaching Engineering subjects were known as teaching technical subjects. After 1958 the Government of Gujarat wave increments to Professors who were teaching engineering subjects and they chose not to give increments and revise the pay scales of Professors who were teaching Mathematics. Physics and Chemistry, meaning thereby non-technical subjects. That is how the discrimination in Pay started after the year 1958. When Sarela Pay Commission was appointed this fact was brought to the notice of Sarela Pay Commission, but the opinion of the Sarela Pay Commission was that Persons who were teaching mathematics. physics and chemistry cannot be put on par with persons who were teaching engineering subjects. Therefore. when pay scales were revised different Day scales continued. The grievance also continued. This grievance was Put before the Desai Pay Commission. Desai Pay Commission recommended Pay scales of Rs. 1600-2000 for Professors in Engineering subjects in engineering colleges. The same Day scales were recommended for Professors of mathematics. Physics and chemistry in those colleges. The reasons given are in Part I. Volume II at page 72. They start with Para 11. The representatives of the Professors and the State Government were heard. Desai Pay Commission also considered the recommendations of the committee appointed by the State Government under the Chairmanship of Shri S. K. Katrak. then Director of Technical Education for going into several aspects of Technical Education in the State. Desai Pay Commission also considered the observations of Sarela Pay Commission. Ultimately it paragraph 17 after considering everything. Desai Pay Commission observed as under:
"The Commission has examined all the aspects of the case very carefully and on the basis of evidence led before it. there is not an iota of doubt that the representatives have built-on a very strong and convincing case for restoration of the Parity in the matter of pay soles with corresponding categories teaching technical subjects. In fact, the term 'technical' should be given widest connotation so as to cover the present categories. The Commission recommends accordingly."
The Pay scales were given in Schedule which is on P. 81 and serial Nos. 4 and 14 show the same nay scales for Professors of Civil/Mechanical/Electrical and Applied Mechanic. Engineering. Maths and Physics.
(2.) The Government of India has also appointed Sen Commission and the Government of Gujarat by a resolution No. MIS-1075-4947-KH dated 23rd November. 1976 which is Produced at Annexure "B" accented the recommendations of the Sen Commission and it clearly appears that what was accepted by Government of Gujarat was that Professors in University will have the following pay scales. Rs. 1500-60-1800-200-125/2-2500. Thereafter on 25th October. 1977. Government passed another resolution No. TEM-1174/36329-Gh which is produced at Annexure "C". By that resolution the Government directed after modification that the' nay scales of teachers in Engineering Colleges (except the Regional Engineering College. Surat) should be revised as under subject to the conditions prescribed in Annexures I to V appended herewith. Engineering Colleges Professors Rs. 1500-60-1800-100-2000-125/2-2500. Thereafter in that very resolution there is another heading 'Teachers (Non-technical subjects). The pay scale prescribed as under. Professor. Associate Professor. Reader to be re-designated as Assistant Professor- Pay scale Rs. 1200-50-1300-60-1600-Assessment-60-1900. In the last column what is mentioned is that existing incumbent may continue their designation if they desire to do so. This resolution led to filing of this Petition and the petitioners' prayer is that the respondents should be directed to treat that the Part of the resolution at Annexure "C" which prescribes a different pay scale of Professors of non-technical subjects as violative of Articles 14 and 16 of the Constitution of India, and, therefore, void. Further direction is sought to the effect that they may be treated and paid in accordance with the nay scale of Rs. 1500-2500 contained in the resolution at Annexure "C" dated October. 25. 1977 as applicable to all professors in Engineering Colleges irrespective of the subjects which they teach. In short. therefore, what the Petitioners want is that they should be treated as Professors and they must he paid the same salaries which are being paid to other professors who are teaching engineering subjects (technical subjects) in the engineering college and they want a direction that they need not be and cannot be re-designated as Assistant or Associate Professors and the directions contained with the pay scale of Rs. 1200 to 1900 should be treated as void or inoperative against the petitioners. As a consequence thereof they desire that they may be treated as entitled to suitably adjusted salary in the pay scale of Rs. 1500 to 2500 and to nay them arrears of salary on that basis with effect from 1-1-1973.
(3.) Nov it is not in dispute, as I have stated earlier, that till 1958 professors in engineering colleges whether they were teaching engineering subjects or mathematics, physics or chemistry. they were being paid the same salaries, meaning thereby that their salaries were in the same pay scale. The case of the petitioners is that they impart instructions in their subjects to the students reading for bachelor's degree and also Masters degree. Now it is not in dispute that the engineering colleges to which the petitioners are attached are preparing students for bachelor's degree in various branches of engineering and also for master's degree of those branches. It is also not in dispute that the petitioners impart instructions in mathematics. physics and chemistry in those branches and prepare students in those subjects. The qualifications required to teach these subjects are that they must hold Master's degree and they must hold post-graduate qualifications with experience and it is not in dispute that the petitioners fully complied with the requirements of the recommendations for the posts to which they are appointed and for which they work. In the petition they have stated that in physics paper one applied mechanics is taught. In physics papers the subjects of Acoustics Nuclear Physics and Nuclear Technology Reactor Physics are also taught as part of physics subjects. In mathematics what is important is the application of mathematics to engineering. for example. vibrations, electrical. circuits, head transfer problems are required to be taught etc.;
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