- (1.) All the four cases address the same issue of the tenability of the differential scales of pay for the Assistant Professors and Associate Professors working in the Agricultural University of Haryana. The petitioners have come by different scales under circumstances that by virtue of a cut-off date for the holding of the respective positions as Assistant Professor or Associate Professor, there had been a denial of certain scales which, according to the petitioners, is arbitrary. As an additional ground, the petitioner would also contend that the Assistant Professors or Associate Professors belonged to the same class, doing the same work amongst the respective categories, there cannot be a discrimination in allowing for different scales of pay to prevail among persons within the same category. According to the petitioners, the differential scales that have come through the application of Carrier Advancement Scheme would resonate against 'equal pay, equal work' principle and was hence, legally suspect. The brief details of the cases are under.
(2.) The petitioners in various petitions are either Associate Professors or Assistant Professors in various colleges under the Haryana Agricultural University. The University Grants Commission (UGC) issued notification regarding the revision of pay w.e.f. 01.01.1986, which was adopted by the Indian Council of Agricultural Research (ICAR) on 01.02.1988. All the salaries to the teachers were being funded by ICAR to the extent of 80% and by the State of the extent of 20% and, therefore, the State, while adopting the scales of pay, had perforce to follow the instructions of ICAR. While allowing for the UGC scales to apply to the various classes of persons, ICAR had directed that it would be applicable only to cases of persons, who held the respective posts as on 01.02.1988, the date when ICAR adopted the recommendations of UGC.
(3.) The categories of employees to which the increased scales were relevant were, as we have seen before, Assistant Professor, Associate Professor and Professor in the higher order of hierarchy. The increase in scales were to be secured under a Merit Promotion Scheme (MPS) when they were promoted from a lower post to the next higher post on completion of certain number of years of service and who had certain higher educational qualifications such as, Phd. etc. Apart from the MPS, there was a newly introduced Carrier Advancement Scheme (CAS) which provided for higher scales without reference to higher qualification or promotions on the completion of certain years of service only. The persons such as, Assistant Professors and Associate Professors had a right of option to exercise when the new scales were brought as per the UGC recommendations as adopted by ICAR. The scales of pay of the various categories before 01.02.1988 and after 01.02.1988 under MPS, as well as the scales that were applicable under CAS after 01.02.1988 could be tabulated as follows:- Scales of pay under MPS before 01.02.1988 Scales of pay under MPS after 01.02.1988 Scales of pay under CAS after 01.02.1988 Assistant Professor 2200-4000 Assistant Professor 2200-4000 Assistant Professor 2200-4000 Associate Professor 3700-5700 Associate Professor 3000-5000 Assistant Scientist (Senior Scale) 3000-5000 Professor 4500-7300 Professor 4500-5700 Associate Professor 3700-5700;