VICE CHANCELLOR G B PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY Vs. KEWALA NAND
LAWS(SC)-1998-9-95
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on September 10,1998

VICE CHANCELLOR,G.B.PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY Appellant
VERSUS
KEWALA NAND Respondents

JUDGEMENT

Mrs. Sujata V. Manohar, J. - (1.) 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 Allahabad High Court under which Research Assistants working in the appellant-university have 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, Faizabad and Chandrashekhar Azad University of Agriculture and Technology, 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 against the same judgment and order of the Allahabad High Court.
(2.) 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 qualification prescribed for a Senior Research Assistant was an M.Sc. degree. The scale of pay of Research assistants 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.
(3.) 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 minimum pay-scale for teachers was Rs. 700-1600. In respect of the agricultural Universities which come under the Indian Council of Agricultural Research, the said council had, by its circular of 4-7-1977, informed the agricultural universities that assistance from the Indian Council of agricultural Research would be available to all academic, research and extension staff who are recognised as teachers under the universities' statutes. The Research Assistants in the appellant-university were, however, not recognised as teachers under the statutes of the appellant-university. Therefore, they were not given the U.G.C. pay-scale of Rs. 700-1600.;


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