JUDGEMENT
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(1.) Instant joint writ petition has been filed by the
petitioners for following reliefs :
"(i) by an appropriate writ, order or
direction, the State Government may
be directed to accord necessary
approval to the Rajasthan Agriculture
University, Bikaner in releasing two
increments to the petitioners on
acquiring Ph.D. Degree under the
Career Advancement Scheme notified
on 27.7.1998 with all consequential
benefits;
(ii) by an appropriate writ, order or
direction, the communications dated
25.5.2002 (Annex.8) & 24.7.202
(Annex.10), notification dated
6.5.2002 (Annex.6), order dated
9.5.2002 (Annex.7), communication2
dated 15.5.2002 (Annex.5) and
communication dated 18.8.2002
(Annex.9) be declared illegal and be
quashed with all consequential benefits
to the petitioners;
(iii) by an appropriate writ, order or
direction, the respondents may be
directed to grant arrears as a result of
grant of two increments with interest
at the rate of 12% per annum from the
date of judgment of this Hon'ble Court
dated 23.11.2006;
(iv) Any other appropriate order or
direction, which this Hon'ble Court
considers just and proper in the facts
and circumstances of this case, may
kindly be passed in favour of the
petitioners.
(2.) For the grant of above prayers, it is pleaded by the
petitioners that all the petitioners were initially appointed
as Research Assistant/Assistant Professors in the Udaipur
University which was subsequently re-named as Mohan Lal
Sukhadia University, Udaipur. The University was
bifurcated with the formation of Rajasthan Agriculture
University, Bikaner by an Act known as Rajasthan
Agriculture University Bikaner Act, 1987. Rajasthan
Agriculture University, Bikaner was further bifurcated into
two Universities leading to creation of Agricultural
University, Udaipur which was subsequently re-named as
Maharana Pratap University of Agriculture & technology,
Udaipur with effect from 01.11.1999. The services of the3
petitioners came to be transferred to Rajasthan Agriculture
University, Bikaner.
(3.) Contention of the petitioners in the writ petition is
that the pay-scale of teachers employed in the universities
of Rajasthan are governed by the recommendations made
by the University Grants Commission. The
recommendations made by the UGC for revision of the
pay-scales of the teachers which included a provision for
grant of two advance grade-increments for teachers who
acquired the Ph.D. degree was accepted by the
Government of India vide Annex.-1 dated 27.07.1998.
The State Government also agreed to revise the pay-scales
of the teachers with effect from 01.901.1996 and, in
pursuance of that, the pay-scales of the petitioners were
revised as per recommendation of the UGC.;
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