KANTI KUMAR BORA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2011-2-89
HIGH COURT OF RAJASTHAN
Decided on February 14,2011

Kanti Kumar Bora Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (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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