Dr. Vineet Kothari, J. - (1.) THE lawyers are observing strike which is contrary to various Supreme Court decisions. Names of Dr. Nupur Bhati, as counsel for the petitioner and name of Mr. B.L. Bhati, Govt. Counsel and Digvijay Singh, Addl. Govt. Counsel are shown in the cause list.
(2.) THE case is listed at Serial No. 90 in today's cause list under the category of "For Hearing". Heard the petitioner and the Officer -in -Charge, who are present in person and perused the record.
(3.) THE petitioner was selected and appointed as Librarian vide the order dated 04.10.1979 in the pay scale of Rs. 450 -770 and the pay scale from the year 1996 is Rs. 5500 -9000. Upon revision of pay scale, as made by the University Grants Commission, was given effect to in respect of professors, readers and lecturers, however, the pay scale of staff attached with the universities and government colleges were not revised, therefore, a writ petition was filed by Rajasthan University and College Physical Education, Teachers Association and Anr. being SBCWP No. 608/1982. The aforesaid writ petition was allowed by a coordinate bench of this Court at Jaipur Bench vide the judgment dated 08.10.1990. In the case of Rajasthan University and College Physical Educational Teacher's Association & Ors. Vs. State of Rajasthan & Ors. (SBCWP No. 608/1982, decided on 08.10.1990), the learned Single Judge of this Court held as under: - "I have given my thoughtful consideration to the whole matter. It is really very strange that the Government has taken the plea that the writ petition should be dismissed because the Union of India and the University Grants Commission have not been impleaded as parties to the writ petition. The member of the petitioner Union/Association are employees of the State Govt. and they are governed by the Rules promulgated under Article 309 of the Constitution of India. U.G.C. is only a recommendatory body and the Government of Rajasthan, has, in principle, accepted the recommendations of the U.G.C. and has not opposed the same even in its reply to the writ petition. Union of India has also agreed to pay 80% grant on this count. It is really not understandable as to where is the hitch, except absence of a strong will and tactics of delaying the rightful claim and payment to the teachers, which is most unfair. In Part -B of the Report of the Committee on the revision of pay scales of Librarians and Directors of Physical Education in Universities and Colleges, published by the University Grants Commission, it has very specifically been mentioned that the Ministry of Education, Government of India has accepted the revised scales of pay for Librarians and Directors of Physical Education w.e.f. 1.1.1973 and some of the States, in pursuance of that decision, have already implemented the revised scales of pay. Again in 1982, Government of India agreed to upgrade the pay scales of Librarians and Directors of Physical Education, to bring them at par with the teachers and upgrade the scales of pay w.e.f. 1.4.1980, as per the formula given in Appendix -II (Anx. 3) of the Report and it has been specifically mentioned that the State of Rajasthan has also implemented these scales. There is no reason to doubt the correctness of the statement mentioned in the report. The State of Rajasthan is also not opposing the request Government has not made any such declaration to this effect and that is why the teachers are not getting the upgraded/revised scales of pay. The writ petition has itself been pending for last more than eight years and still the Government has not been able to make a declaration and this is how the litigation increases and extra -burden is put on the High Court, when the reasonable demand and request is not acceded to by the Government within a reasonable time, in spite of agreement in principle. In the result, this writ petition is allowed and it is declared that the Directors of Physical Education/Librarians/Physical Education Teachers/Physical Education Instructors working in the Universities and various government and non government aided colleges affiliated to the University are entitled to the upgraded scales of pay w.e.f. 1.4.1980. It is further directed that the State Government should make payment of the arrears within six months from today positively. No order as to costs.";