SUNIL KUMAR GARG, J. - (1.) BOTH the writ petitions mentioned above are being decided by this common order as in both of them matter in dispute is the same.
(2.) S .B. Civil Writ Petition No. 1071/1991 This writ petition was initially filed by the Rajasthan Agriculture University Assistant Professors Association through its Secretary Zabar Singh Solanki, but later on, 54 petitioners were added as individual party and thus, this writ petition was treated to be filed by the petitioners against the respondents. It was stated in the writ petition that the petitioners are Assistant Professors in the respondent No. 2 Rajasthan Agriculture University, Bikaner (hereinafter referred to as 'the Agriculture University') constituted under Rajasthan Agriculture University Ordinance later -on replaced by Rajasthan Agriculture University, Bikaner Act, 1987 (hereinafter referred to as 'the Act of, 1987'). The petitioners were initially appointed as Research Assistants in the erstwhile University of Udaipur, later -on, renamed as Mohan Lal Sukhadia University and they were appointed after selection by a duly constituted statutory Selection Committee of the Mohan Lal Sukhadia University in the UGC Pay Scale of Rs. 300 - 600 prevailing at that time. The University of Udaipur proceeded to designate Research Assistants as Lecturers and this was purported to have been done on account of amendment made in statute 47(i) whereby the term 'Junior Lecturer' was substituted by the term 'Lecturer' and a copy of that Notification dated 7.9.1997 is marked as Annexure -1A to the writ petition. Thus, the petitioners were appointed as Assistant Professors and they are getting emoluments in the pay scale Rs. 2200 -4000, which is again UGC pay scale. Later -on, anomalies developed in the cadre structure of the University Teachers (between persons appointed as Research Assistants and Assistant Professors appointed directly); on the enforcement of University Grants Commission (UGC) Pay Scale and, therefore, the Board of Management considered the matter of resolving the anomalies in its meeting held on 24.11.1988 and the Board of Management resolved to give revised UGC pay scale of Rs. 2200 -4000 to the Lecturers and Research Assistants and the Board of Management further resolved that such, of Junior Lecturers and Research Assistants, who were later on designated as Lecturers and then as Assistant Professors shall be placed in the seniority down below those who were appointed as Assistant Professors directly in the very first instant and that was done with a view to bring uniformity in the cadre structure so as to bring the same at par with other Universities. The Board of Management further resolved to designate Research Assistants and Lecturers as Assistant Professors. The photostat copy of the minutes of the meeting of the Board of Management held on 24.11.1988 is marked as Annex.3 to the writ petition. Thereafter, in pursuance of the resolution of the Board of Management dated 24.11.1988 (Annex.3 to the writ petition), the respondent No. 2 - Agriculture University passed an order dated 4/6.5.1989 (Annex.4 to the writ petition) notifying the designation of Lecturers and Research Assistants as Assistant Professors with effect from 1.1.1973 or from the date of their joining, whichever is later. However, it was made clear that the persons duly selected as Assistant Professors will rank senior to the Lecturers/Research Assistants. Later on, a new set of pay scales was devised with a new set of policy for the purpose of teaching staff in the Universities and that resulted in a lot of conflict among the teachers of the Universities and Colleges and some teachers of the Universities and Colleges went on strike. Thereafter, the Government of India, in agreement with the agitating teachers of the Universities and Colleges, decided to make revision of pay scales of the teachers of the Universities and Colleges and other measures for maintenance of standards in Higher Education, which have been notified by the Government of India through letter dated 22nd July, 1988 (Annex.5 to the writ petition). Paras No. 12, 13 and 14 of the said letter dated 22nd July, 1988 (Annex.5 to the writ petition) are being quoted here: In order to encourage research, in continuation of Post -graduate studies, candidates who, at the time of their recruitment as Lecturers, possess Ph.D. or M.Phil degree will be sanctioned three and one advance increments respectively in the pay scale of Rs. 2200 -4000 alongwith the benefit of corresponding years of service for the purpose of promotion. The existing Lecturers without research degrees, and those similarly situate, recruited in future will be eligible for a similar benefit in service for the purpose of promotion as and when they acquire research degrees, but will not be eligible for advance increments. Existing Lecturers with research degrees will also be eligible for a similar benefit. Career Advancement 13. Every Lecturer will be placed in a senior scale of Rs. 3000 - 5000 if he/she has: (a) Completed 8 years of service after regular appointment, with relaxation as provided in para 12 above: (b) Participated in two refresher course/summer institutes, each of approximately 4 weeks' duration or engaged in other appropriate continuing education programmes of comparable qualify as may be specified by the UGC: (c) Consistently satisfactory performance appraisal reports. Explanation: All Lecturers in the existing scale of Rs. 700 -1600, who have completed 8 years of service on 1.1.1986, will be placed through a process of screening/ selection as indicated in para 22 below, in the scale of Rs. 3000 -5000. The benefit of service provided in para 12 will be available for the initial placement also.14. Every Lecturer in the Senior scale will be eligible for promotion to the post of Reader in the scale of pay of Rs. 3700 - 5700 if he/she has: (a) completed 8 years of service in the senior scale, provided that the requirement of 8 years will be relaxed if the total service of the lecturer is not less than 16 years: (b) Obtained a Ph.D. degree, or an equivalent published work: (c) Made some mark in the areas of scholarship and research as evidenced by self -assessment, reports of referees, qualify of publications, contributions to educational Venovation, design of new courses and curricula, etc.: (d) Participated in two refresher courses summer institutes each of approximately 4 weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the UGC, after placement in the senior Scale; and (e) consistently good performance appraisal reports. Thereafter, the Government of Rajasthan decided to implement the decision of the Government of India referred to above and further decided to give benefit of the same in the first instance to the University teachers. This led to the filing of the writ petition by one Deen Bandhu Vyas being D.B. Civil Writ Petition No. 2336/1988 Deen Bandhu Vyas v. The State of Rajasthan and that writ petition was decided by the Division Bench of this Court vide order dated 4.1.1989 and this Court directed the respondents to create posts of Lecturer Senior Scale and Lecturer Selection Scale in Government Colleges within a period of four months from the date of the order of this Court and to give appointment on these posts in terms of the provisions made in the Career Advancement referred to in the press release Annex. 2 with all consequential benefits to those who may be found entitled on or before June, 1989. This Court further directed the respondents to issue directions for the creation of posts of Lecturer Senior and Lecturer Selection Scale in Colleges receiving grant -in -aid and to give appointment on these posts with all consequential benefits within a reasonable time. It was submitted by the petitioners that the directions given by this Court were complied with by the respondents vide order dated 24.3.1990, a copy of which is marked as Annex.6 to the writ petition. It may be stated here that the Resolution passed by the Board of Management on 24.11.1988 (Annex.3) was again reviewed by the Board of Management in its meeting held on 28.1.1989 and for that Annex.R/1 may be referred to, which shows that the Resolution dated 24.11.1988 (Annex.3) was not confirmed by the Board of Management. Later -on, the respondent No. 2 Agriculture University through letter dated 22.11.1990 (Annex. 10 to the writ petition) notified the Rules for implementing the Career Advancement Scheme for Assistant Professors in the University, which came into force w.e.f. 1.1.1986. The rules for implementation of Career Advance Scheme for Assistant Professors were approved by the Board of Management vide Resolution No. 245 dated 8th August, 1990 except Explanations (b) and (c) of Rule 2. The Rule 2 runs as under:
(3.) EVERY Assistant Professor will be placed in a Senior Scale of Rs. 3000 -5000. If he/she has: (a)(1) Completed 8 years of service after regular appointment. The Assistant Professor with research degrees, Ph.D. and M.Phill will be entitled for relaxation of three years and one year respectively in service for the purpose of promotion. The total benefit will not exceed 3 years. In case of Assistant Professors with Engineering qualifications with Ph.D. and M.E./M.Tech./M.Sc. (Tech.) also degrees will be entitled for relaxation of four and two years respectively in service for the purpose of placement in the senior scale. Possession of Degrees of both Ph.D. and M.E./M.Tech./M.Sc. (Tech.) would entitle service benefit not exceeding four years in all. This benefit will be allowed only to those Assistant Professors who avail any leave other than study leave; and (b) Participated in two refresher course/summer institutes each of approximately four weeks duration or engaged in other appropriate continuing education programme of comparative quality as may be specified from time to time. Pending the organisation of such programmes of the quality and scale required, relaxation from the requirement of participation in such programme for specific period may be granted by the University. Note: This condition is relaxed for three academic sessions i.e. 1989 -1990, 1990 -1991, 1991 -1992. (c) Consistently satisfactory performance appraisal reports. Explanation 1. The regular appointment and the service rendered by a teacher accordingly are defined as under for the purpose of career advancement: (a) Appointment as an Assistant Professor in the University through statutory selection committee. This shall include appointment as an Assistant Professor in the Mohan Lal Sukhadia University (MLSU) through its statutory selection committee in the faculties of Agriculture wing (A1) the faculties of this University). (b) The appointment made in the University after regular selection in continuation of the permanent service rendered by a teacher in a University or Government and or non -Government affiliated colleges at the time of commencement of these rules. (c) The appointment made in the University after regular selection in continuance of his/her adhoc or temporary appointment as Assistant Professor/Lecturer (Selected through a statutory selection committee for the post of Assistant Professor immediately before regular selection in the University. On 18.8.1990, the respondent No. 2 Agriculture University addressed a letter (Annex. 13 to the writ petition) to the Agriculture Production Secretary, Government of Rajasthan, Jaipur for grant of approval of Board of Management Resolution dated 24.11.1988. For convenience, the said letter dated 18.8.1990 (Annex. 13) is being reproduced hereinbelow: Supreme Court of India gave judgment in favour of Lecturer/Research Assistants of this University to give UGC pay scale 700 -1600 from 1.1.1973. In response to Supreme Court Judgment, Govt. of Rajasthan issued orders to give UGC pay scale 700 -1600 to Lecturers/Research Assistant with the condition that Lecturer will be treated as lower cadre the Assistant Professor. In compliance of this order University gave UGC pay scale but kept lecturers at lower cadre than Assistant Professors. When lecturers were selected for the post of Assistant Professor, then as per rule of University they were given fixation benefit which was two increments to each person. Due to this a heavy financial burden came on University or Government. Looking to this condition the BOM of this University in its meeting dated 24.11.1988 passed a resolution vide resolution No. 7, in which all duly selected lecturers/Research Assistants were designated as Assistant Professor w.e.f. 1.1.1973 or the date of their joining as Lecturer whichever is later. This resolution was sent to Government in Nov. 1988 for approval but no' reply has been received from Government so far. In response to the above resolution University issued order (copy enclosed) in anticipation of approval of Govt. In this order Lecturer/Research Assistant has been designated as Assistant Professor w.e.f. 1.1.1973. Due to this order all Lecturers selected as Assistant Professor, who were given fixation benefit were subject to withdrawal of fixation benefit of two increments given earlier and money was duly recovered. Now under career advancement scheme for teachers, the services of duly selected lecturers (who are now Assistant Professors) is to be counted. For this Government approval is required. ;