A.L. Bahri, J. - (1.) IN this writ petition filed under Articles 226 and 227 of the Constitution of India, the Petitioners working as Research Fellows in the Panjab University and in the P.G.I., Chandigarh pray for a writ of mandamus directing the Respondents to pay them revised rates of! Research Fellows with effect from April 1, 1987 as recommended by the Central Government.
(2.) THE Petitioners were appointed as Research Scholars in the University after approval of the Vice -Chancellor and in the P.G.I, after due selection. Appointment letters of some of the Petitioners are Annexures P.l/1 -3. They were being paid Rs. 800 Rs. 1,000 per mensem by the Panjab University and the P.G.I, respectively. The Petitioners are doing the research work under the projects of the Department of Science and Technology, Union Territory, Chandigarh and the budget for Union Territory, Chandigarh is provided by the Government of India in respect of these projects also. Other projects are sponsored and funded through other research and development agencies such as U.G.C., C.S.I.R., I.C.M.R., I.C.A.R., D.O.E. and Department of Science and Technology, Central Government, itself. The rates of scholarship were fixed long time ago. They were revised per Annexures P.2, P.3 and P.4 issued by the Government of India, Ministry of Science and Technology. These emoluments were revised as under: 1. Junior Research Fellows Rs. 1800 2. Senior Research Fellows Rs. 2100 For special projects, higher grades were also provided. It was also decided by the Central Government, as is apparent from Annexure P.2 that the Government had decided that 50 per cent of the additional expenditure due to the revision of emoluments was to be absorbed within the sanctioned grant of the Ministry/Department of the Government of India sponsoring the research and development funding schemes and the balance would be considered by the Ministry of Finance keeping in view the total budgetary position of each Ministry. These guidelines were also to be used as such by C.S.I.R., U.G.C. etc. To the same effect, the Government's decision was reported in the newspapers, extract thereof being Annexures P.5 and P.6. On behalf of the Research Scholars, representations were sent to the Government of India, copy of the same being Annexure P.7 and legal notice, copy being Annexure P.8. No action having been taken the Petitioners approached this Court for the relief. On behalf of the P.G.I., the stand taken is that the appointments were made in accordance with the policies and guidelines laid down by the Science and Technology Council, Union Territory, Chandigarh. Only fixed salary was admissible to "the staff appointed on such projects which was within the budgetary provisions received by them from the Department of Finance and Planning, Union Territory, Chandigarh. The Petitioners were working on such projects sponsored by Science and Technology Department of Union Territory; Chandigarh. They were not employees of the P.G.I. They were employees of the concerned Investigators. Salary was being paid to the Petitioners as the funds were made available to the Investigators by the Department of Science and Technology Council, Union Territory, Chandigarh, the funding body. It was also urged that such a dispute could be referred to the arbitrator. The Union Territory Administration, Respondent No. 3, filed a separate written statement inter alia alleging that the selection of Research Fellows was being made by the respective institutions sponsoring research projects. It was admitted that the Petitioners were doing the research work on the projects duly approved by the Science and Technology Council of the Union Territory, Chandigarh. It was denied that the Government of India was allocating budget in respect of these projects. The said Council in the meeting held on February 2 1989 revised the emoluments of Research Fellows at Rs. 1500 per mensem with effect from February 1, 1989 describing them as Research Scholars. The revised guidelines issued by the Ministry of Science and Technology (Annexures P.2 to P.4) were not binding on the Administration. The same were not adopted by the Administration. Those were applicable to the projects sponsored by the said Ministry or research and development agencies which received grant -in -aid direct from the Government of India for this purpose. Annexure 'A' attached with the written statement gives the constitution of the council. Annexure 'B' is copy of the letter of Secretary. Finance and Planning, Union Territory, Chandigarh to the Council for revising the rates of Research Fellows. Annexure 'C relates to the minutes of the meeting of the Sub -Committee of the Council proposing Rs. 1,200 per month as the emoluments. On behalf of the Pan jab University, Chandigarh, an affidavit was filed which is dated February 22, 1989 stating that the Panjab University would pay to the Petitioners at the revised rates from such dates as may be fixed by respective sponsors i.e. Department of Science and Technology, Union Territory, Chandigarh. The University was bound by the terms and conditions attached to each research scheme or project.
(3.) SINCE from the guidelines issued by the Ministry of Science and Technology, Government of India, an impression was gathered that such projects were being sponsored and funded by the Government of India Union of India was made a party. After service of notice, Mr. Harphool Singh Brar, Standing Counsel of the Union of India, has put in appearance. Though no written statement has been filed, he has stated that the projects in dispute in which the Petitioners have been deployed are not funded by the Central Government. However. Union Territories/States could adopt the same.;