- (1.) THE petitioners are holding the post of Agriculture Supervisor with the respondent University. Under an order dated 4.7.1996, the respondent University decided to allow selection grades to the Agriculture Supervisors (non-graduate) on completion of 9, 18 and 27 years of service in the pay scales of Rs.1640-2900, Rs.2000-3200 and Rs.2000-3500 respectively. THE selection grades granted were subject to objections, if any made by the Government of Rajasthan. By an order dated 9.8.1996 the order dated 4.7.1996, allowing selection scales to the Agriculture Supervisor (non-graduate), was cancelled.
(2.) BEING aggrieved by the same several petitions for writ were preferred before this Court and during the pendency of those petitions the order dated 9.8.1996 was withdrawn by the University. Accordingly, the petitions preferred to challenge the order aforesaid came to be dismissed as becoming infructuous. The Board of Management of the respondent University in its meeting dated 11.5.2001 resolved that there should be distinction between the pay scales of Agriculture Supervisor having the base of agriculture and those not having the base of agriculture and the scales should be at par with the Government pay scales. On basis of the resolution aforesaid the pay scales prescribed to the Agriculture Supervisors (without agriculture subject) were of Rs.4000-6000, Rs.5000-8000 and Rs.6500-10500 on completion of 9, 18 and 27 years of service respectively. The notice Anx.12 then was issued by the Registrar of the respondent University mentioning therein that the State Government has objected the grant of pay scales of Rs.1640-2900, Rs.2000-3200 and Rs.2000-3500 on completion of 9, 18 and 27 years of service. An explanation, therefore, was sought from the petitioners as to why the pay scales of Rs.1400- 2600, Rs.1640-2900 and 2000-3200 be not given to them on completion of 9, 18 and 27 years of service. The petitioners, in their independent capacity, submitted representations to the respondents stating therein that as per the Government of Rajasthan orders as adopted by the University, the pay scale applicable to the promotional post is required to be given as selection grade, therefore, no pay scale less to that can be given. The Agriculture Supervisors (nongraduates) also stated that under the relevant line of promotion the Agriculture Supervisors, irrespective of their qualification, are having an avenue of promotion to the post of Assistant Agriculture Officer, therefore, the pay scale relating to that post is required to be given. On the other hand as per the respondent University the Agriculture Supervisors (non-graduate) at the first instance received avenue for promotion to the post of Assistant Agriculture Officer w.e.f. 1.9.1996, thus, prior to that the post is required to be treated as isolated one and for that the selection grades prescribed are as per para 5 of the order dated 25.1.1992, the basic document to provide the selection grades. This Court on 14.2.2001, directed the respondents to make available the service Rules prescribing promotion avenues and line of promotions to the Agriculture Supervisors (non-graduate), and in pursuant thereto a set of Rules is made available, but those came into force on 28.9.1998. The position in the present case is required to be seen as on 25.1.1992. Whether the petitioners were having any promotion avenue on 25.1.1992 or not, is the fact clinching the issue. Counsel for the parties are, therefore, directed to provide the relevant service Rules existing on 25.1.1992. Let these petitions be listed on March 1st, 2011. ;