- (1.) The challenge in this petition is to the order dated 13.09.1995 (Annexure P-2) by which the claim of the petitioners for grant of pay scale of Rs.3000-4500 plus Rs.300 as special pay w.e.f. 1.1.1986 while working as Assistant Registrars at the respondent Punjabi University, Patiala has been rejected. The impugned order of rejection has been passed by the Government of Punjab in the Department of Finance and circulated to the Vice Chancellors of Panjab University, Chandigarh, Punjabi University, Patiala, Agriculture University, Ludhiana and Guru Nanak Dev University, Amritsar.
(2.) The case of the 27 petitioners before this Court in this petition filed under Articles 226/227 of the Constitution is for the grant of higher pay scales of Rs.3000-4500 plus Rs.300 as special pay w.e.f. 1.1.1986 while working as Assistant Registrars according to the resolution of the Syndicate of respondent-University accepting the recommendations of the Finance Committee granting the aforesaid pay scale. The Syndicate decision dated 29.03.1994 in para 13(5) (a) thereof is as under:- "Discussed the recommendations made by the Finance Committee in its meeting held on 19.03.1994 for the financial budget 1994- 95 and other matters annexed in (Annexure-A):- 5(a) The pay scale of Assistant Registrars and other equivalent administrative posts be revised from Rs.2200-4000 plus 200/- special pay to Rs.3000-4500 plus Rs.300/- special pay. After discussion it was resolved that the recommendations made by the Finance Committee in its meeting held on 19.03.1994 from serial No.1 to 7 be accepted after the above corrections."
(3.) Learned counsel for the petitioner submits that the University is an autonomous body and the respondent-State of Punjab in the Finance Department had no jurisdiction to pass the impugned order (Annexure P-2) rejecting the claim. He has relied upon a decision of a Division Bench of this Court in CWP No.18856 of 1995 titled as Upkar Singh & Others v. The State of Punjab and others decided on 17.02.1997 in which the same issue was involved but in the context of the Guru Nanak Dev University, Amritsar. In this case as well the petitioners were Assistant Registrars making the same claim. The University had sanctioned the pay scale. The State had denied it. This Court had asked the University to explain the nature of its funding. The University had explained that it received funds from various sources i.e. Punjab Government, UGC, CSIR and Government of India etc. but the main source of maintenance grant is from the State Government for meeting recurring expenditure on staff salaries as determined from time to time as it may deem fit. The letter also discloses that the University receives substantial amount in the shape of examination fee, tuition fee, funds etc. More importantly, the University stated before the Division Bench of this Court that the additional liability of this amount i.e. matter of pay scales would be met by the University from its overall sanctioned budget and no additional grant would be required from the State Government on this account. On these premises, the Division Bench proceeded to declare the petitioners therein entitled to the pay scale of Assistant Registrars but with the caveat that the State of Punjab would not be put to any financial burden on that account. The State of Punjab had filed an SLP against the order of the Division Bench which was converted to Civil Appeal No.11416 of 1997 and initially there was a stay order passed on 10.07.1997 and the matter was tagged with Civil Appeal Nos.9507-08, 9510 and 9131 of 1996. The final order in these matters were passed in State of Punjab & Anr. v. Sardari Lal & Ors. being Civil Appeal No.5088 of 1996 together with connected cases. The judgment of the Division Bench of this Court has been upheld by the Supreme Court vide order dated 28.11.2000. The crux of the issue decided is that the University is an autonomous body and the State Government would not be entitled to interfere with the internal administration of the University notwithstanding the fact that the State Government is the funding body, until and unless the University statutes provide for the same and there is an act of legislation conferring that power on the State Government.;