DHARAM CHAND Vs. HARYANA AGRICULTURAL UNIVERSITY
LAWS(SC)-2003-11-33
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 12,2003

DHARAM CHAND Appellant
VERSUS
HARYANA AGRICULTURAL UNIVERSITY Respondents

JUDGEMENT

- (1.) The appellants herein are the members of the ministerial staff working in the Haryana agricultural University. It is not disputed that they came to be appointed after 6th June, 1980.
(2.) On or about 2nd April, 1980, the board of Management of the University authorised the Finance Committee to revise the pay scale of all the employees of the University with effect from 1st April, 1979, pursuant whereto and in furtherance whereof recommendations were made to grant revised scale of pay to the employees of the University. The university accepted the said recommendations and issued a Notification as regards the revision of pay scale of all categories of University employees, including Clerks on 6th June, 1980. The appellants admittedly herein were appointed on or about after 6th June, 1980.
(3.) Having regard to the recommendations of the Finance Committee, the scale of pay of class III employees of the University was made at par with those of Class III employees of the state Government. The question which arose for consideration before the State Government was that in the event same scale of pay is made available in relation to the employees appointed both prior to and after 6th June, 1980, the pay scale of the Clerks, who were already in employment of the University, on that day, would go down. In that view of the matter, a representation was made by the said employees before the University and the matter was referred to the Anomaly Removal Committee. Before the Anomaly Removal Committee, the contention of Class III employees of the University, who were appointed prior to 6th June, 1980, was that their scale of pay was earlier fixed at Rs. 120-300 whereas those of the State government was Rs. 110 and 225. Upon consideration of the matters in various meetings, the Anomaly Removal Committee had recommended as under: "(I) (a) Since the pre-revised scale of pay of clerical cadre in the University was rs. 120-300 against Rs. 110-225 under State Government, the persons employed in the clerical cadre of the university, prior to the date of notification of the revised scales i. e. , prior to 6.6.80 should be allowed the scale of rs. 420-700 as a personal measure, but recruitment to the clerical cadre on or after that date (6.6.80) should be made in the normal scale of Rs. 400-600. Selection grade of Rs. 480-760 shall be applicable to 20% of all permanent posts of clerical cadre whether in the scale of rs. 400-660 or in the personal scale of rs. 420-700. ";


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