- (1.) Narendra Dev University of Agriculture & Technology, Faizabad, in short University, has been established in district Faizabad in pursuance to statutory provisions contained in Uttar Pradesh(Krishi Evam Prodyogik Vishwavidyalya Adhiniyam, 1958 (U.P. Act No.45 of 1958), in short, Act, as amended from time to time. The controversy under the present writ petition relates to grant of status and pay-scale of Lecturer from 1.1.1986 along with other admissible allowances, increments and post retiral dues, coupled with arrears of salary.
(2.) The university published an advertisement, No.3 of 1983 (Annexure-1) inviting applications for appointment on the post of Games Assistant in the pay-scale of Rs.300-500 (unrevised). In pursuance to the provisions contained in Chapter XIII of the Act, a selection committee was constituted and in consequence thereof, being successful candidate, the petitioner was appointed on the post of Games Assistant in the pay-scale of Rs.515-860. A copy of the appointment letter dated 12.9.1982 is filed as Annexure No.3 to the writ petition. It has been stated by the petitioner that the post of Games Assistant is also known as Physical Instructor, Assistant Physical Education Superintendent, Instructor Physical Education, Teacher Physical Education, Director, Physical Training, Addl. Director Physical Instructor, Physical Education Superintendent etc in different universities of the State. The nature of job is to arrange games and sports for students, procurement of sports material, maintenance of grounds, arranging inter-se class and college tournament, guide the students about the rules of the games and sports and to impart various skills and techniques to the students for games and sports.
(3.) Keeping in view the nature of job, it has been pleaded that the petitioner shall be deemed to be teacher under the definition clause of the Act. The State Govt. has issued a circular dated 11.9.1984 (Annexure-4) providing therein that in the universities of the State of U.P, teachers or physical instructors working under different nomenclature are sanctioned the pay-scale of Rs.700-1600. The petitioner has relied upon the circular dated 11.9.1984. However, Mr. Manik Sinha submits that it is not applicable to the university in question. A plain reading of the circular also reveals that it applies to the universities, namely, Lucknow, Allahabad, Gorakhpur, Kanpur, Kashi Vidya Peeth, Kumaun Vishwavidyalaya. However, it has not been disputed that the aforesaid circular dated 11.9.1984 in case is made applicable to the university in question, then the petitioner shall be entitled for the same pay-scale and status keeping in view the fact that the nature of job and the assignment is the same.;