SUDHIR BUDAKOTI Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-2-46
HIGH COURT OF UTTARAKHAND
Decided on February 27,2012

Sudhir Budakoti Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) PETITIONER was appointed as Registrar as a direct recruitee when it was held out in his appointment letter dated 23rd November, 2009 that the scale of pay applicable to the Registrars is Rs. 3200 -4875, which is required to be altered with effect from 1st January, 1986. It appears that prior to 1st January, 1986, the scale of pay of Registrars was fixed by the State of Uttar Pradesh at Rs. 1660 -2300, which was revised with effect from 1st January, 1986 to Rs. 3200 -4875. It further appears that on 9th February, 2011, on the basis of recommendation of a committee, the State of Uttarakhand agreed to revision of the scale of Rs. 3200 -4875 to Rs. 10650 -15850. It does not appear from the report of the committee that while making a recommendation for revising the scale of Rs. 3200 -4875 to Rs. 10650 -15850, as applicable to the Registrars, the committee took note of UGC Notification on revision of pay scales, minimum qualifications for appointment of teachers in Universities and Colleges and other measures for the maintenance and standards, 1998, whereby and under, the pay scale of Registrars was fixed at Rs. 16400 -22400 with effect from 1st January, 1996. Although the said scale was shown to be the revised scale of Rs. 4500 -7300 and although it appears that the State of Uttar Pradesh had no such scale for Registrars, but still then the question that crops up for consideration is whether with effect from 1st January, 1996 any Registrar could be paid a scale less than Rs. 16400 - 22400.
(2.) IT appears to be the contention of the petitioner that he is one and the only Registrar who has been appointed as such as a direct recruitee in the State. According to him, in the State, there is no other Registrar either promotee or direct recruitee. According to him, the State Government has also accepted that the scale of pay of the Registrars with effect from 1st January, 1996 is Rs. 16400 -22400. The question that arises for consideration is whether the pay scale of Registrars, as was revised by the State of Uttar Pradesh w.e.f. 1st January, 1986 to Rs. 3200 -4875, automatically became the scale of Rs. 16400 -22400 by reason of the aforementioned notification of UGC. The said notification clearly prescribes that adoption of the said notification is optional and the direction contained therein applies to each and every Registrars of Universities excluding Agricultural Universities. Therefore, it has to be gathered whether the said notification was adopted by the State or not, and if the same was adopted in respect of other posts mentioned in the said notification, could, in law, the State Government contend that with effect from 1st January, 1996 the scale of pay of Registrars shall be anything else but Rs. 16400 -22400. This aspect of the matter appears to have not been considered by the committee, as is apparent from its report dated 9th February, 2011. We, accordingly, request the State Government to look into this aspect of the matter through an appropriate committee within a period of three months from today and report back to us.
(3.) LIST three months hence.;


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