- (1.) HEARD learned Counsel for parties and perused the pleadings of writ petition.
(2.) BY way of this writ petition, petitioners have prayed for quashment of order dated 09.07.2009 and circular dated 11.06.2009 passed by opposite party No. 3 (Vice Chancellor, Narendra Dev University of Agriculture and Technology Kumarganj, Faizabad). It appears that petitioner Nos. 1 and 2 were appointed on 07.08.1992 and 18.08.1992 respectively on the post of Training Associate/Assistant Professor in the pay -scale of 2200/ - to 4000/ - whereas petitioner Nos. 3 and 4 were appointed on 05.12.1994 and petitioner No. 5 on 19.11.1994 on the same terms and conditions. All petitioners were given senior pay -scale for the post of Assistant Professor/Training Associate along with two others who were placed at serial No. 2 & 3 as per annexure No. 1 to the writ petition, vide orders with reference Nos. 760/10.06.2005, 538/27.05.2004, 1703/19.11.2004, 2180/11.02.2005, 303/25.04.2007, 339/27.05.2004 & 186/29.03.2005. It also appears that all petitioners were appointed through an advertisement dated 02.06.1992. They were interviewed by a Selection Committee constituted under the supervision of ICAR(Indian Council Agricultural Research). The head of NGO under whose administration appointments were made was the Chairman of Selection Committee apart from four other members. There is no dispute that the entire fund was being given by ICAR itself for running of Krishi Vigyan Kendras (in short 'KVK') an NGO, and the petitioners worked from 1992 to 2002 in KVK as Training Associates. Besides, in the year 1996, petitioners were also given the benefits of the recommendations of 5th Pay Commission and thus were given the pay -scale of 8000 -13500 with all admissible allowances. However, in the year 2002 all working staff of KVK along with immovable property was transferred and merged with Narendra Dev University of Agriculture and Technology as per the Govt. Order dated 26.11.2001. On the basis of merger of services, pay -scales of petitioners were fixed as per report of 5th Pay Commission and they were given the senior pay -scale admissible for the post of Assistant Professor on 10.06.2005, 27.05.2004, 19.11.2004, 11.02.2005 & 25.04.2007 with retrospective effect from 27.07.1998, 13.08.1999, 05.12.2000 & 19.11.2000 respectively.
(3.) IT would also appear from the pleadings of writ petition that the merger of services of petitioners and transfer of KVK to Narendra Dev University of Agriculture and Technology were duly approved by the Board of Management of University in its 112th meeting dated 07.07.2001. As noticed above, KVK was receiving 100 % fund from ICAR and not from State Government and in the University also, salary and expenses of the staff of KVK were to be borne from the fund received from ICAR. However, it seems that after joining of petitioners in the University pursuant to merger of their services from KVK, an order dated 09.07.2009 with reference No. 758/Estt -3/Amended/Expen./2009 was issued by Narendra Dev University of Agriculture and Technology, whereby the dates of granting senior pay -scale were changed arbitrarily to the disadvantage of petitioners who being aggrieved by that order have thus filed this writ petition.;