Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by petitioner Rajasthan Agriculture University Retired Teachers Society, Jaipur through Secretary Sh. Govind Singh S/o Sh. Arjun Lal, inter alia, with prayer that the respondents, namely, State of Rajasthan through Secretary, Department of Agriculture (Gr -III) and Swami Kesavanand Rajasthan Agriculture University, Bikaner (for short, 'the respondent -University), be directed to give pension revision benefit with effect from 01.04.2008 in accordance with para 5 of the order/notification No. F.12(3)FD/Rules/2008 dated 12.09.2008, to Professor/Associate Professor, Assistant Professor (Selection Grade), who were promoted through Career Advancement Scheme/Ex -cadre Scheme and retired from services of the said University prior to 01.01.2006. Further prayer is made that the pay scale of a teacher existing on the day of retirement be equated with the corresponding new pay scale (Pay Band + Grade Pay) as per recommendations of the 6th Pay Commission Report and pension be thus computed according to aforesaid order dated 12.09.2008. Shri R.N. Mathur, learned Senior Advocate appearing for petitioner - Rajasthan Agriculture University Retired Teachers Society, Jaipur, (for short, 'the petitioner -Society'), argued that the Finance Department, in view of the notification issued on 12.09.2008 was provided benefit of revision of pension of pre -01.09.2006 State pensioners/Family Pensioners etc. However, the members of the petitioner -Society, who retired prior to 01.09.2006 after getting promotion against the ex -cadre posts in career advancement scheme, demanded such benefit their matter was forwarded by the respondent -University to the Government. The Government in its Agriculture (Gr.III) Department, vide letter dated 08.08.2011 (Annexure -1), conveyed to the Registrar/Comptroller of the respondent University that such benefit was admissible only to those Associate Professors and Professors, who have been recruited on the posts of Associate Professors and Professors by direct recruitment and would not be allowed to those Assistant Professors who have been designated as Professors/Associate Professors under career advancement scheme. Shri R.N. Mathur, learned Senior Advocate, submitted that the notification of the Finance Department dated 12.09.2008 (Annexure -2) has been adopted by various Universities of the State as well as the College Education Department of the Government of Rajasthan, who have allowed similar benefits to all Associate Professors/Professors promoted under the career advancement scheme on ex -cadre posts even if they retired prior to 01.09.2006. It is only respondent University, which has adopted a different approach. It is submitted that para 4 and 5 of the notification dated 12.09.2008 is quite clear and categorical in this behalf, which provides that consolidated pension (treated as final 'basic pension') as on 01.09.2006 of pre -01.09.2006 pensioner shall not be lower than 50% of sum of the minimum pay of the post in the running pay band plus grade pay introduced w.e.f. 01.09.2006 corresponding to pre -revised pay scale of the post from which pensioner had retired, subject to the condition that existing provisions in the rules governing qualifying service for grant of pension and minimum pension shall continue to be operative. This provision is not compromised if members of the petitioner -Society are granted benefit of pension as per the aforesaid scheme. Shri R.N. Mathur, learned Senior Advocate, has referred to judgment of this Court dated 30.05.2012 in D.B. Civil Contempt petition No. 249/2011 in D,B. Civil Writ Petition (PIL) No. 1914/2010 - Rajasthan Agricultural University Retired Teachers Society us. Shri Salauddin Ahmed & Ors.. It is argued that respondents in that order were directed to make payment of arrears including all benefits payable to members of the petitioner -Society, consequent upon implementation of recommendations of the 6th Pay Commission, with interest at the rate of 6% per annum, within a period of three months. Since this question was not gone into in that matter, therefore, the necessity of filing the present writ petition arose. It is argued that similar benefits have been granted to all such Associate Professors/Professors who retired prior to 01.09.2006 from service of the Rajasthan University, Jaipur, Mohan Lal Sukhadia University, Udaipur, Jai Narayan Vyas University, Jodhpur and National Law University, Jodhpur, and those, who retired as such from the College Education Department, Government of the Rajasthan, Jaipur.
(2.) SHRI R.N. Mathur, learned Senior Counsel, submitted that the Registrar of the Rajasthan University, Jaipur, vide letter dated 16.01.2012 (Annexure -4) in response to a specific query whether ex -cadre Professor retired before 01.01.2006 from your University are being paid pension in Professor's grade or in Associate Professor's grade, replied to one Shri Ramchandra Verma that ex -cadre Professors retiring before 01.01.2006, are being paid pension in Professor's grade. Similarly, on a specific query by Shri Ram Chandra Verma whether ex -cadre Professors retired before 01.01.2006 are being paid pension in Professor's grade or in Associate Professor's grade, the Information Officer of Mohanlal Sukhadia University, Udaipur, vide letter dated 17/20.12.2011, has informed that ex -cadre Professors retiring before 01.01.2006 from their University are being paid pension in Professor's grade. Deputy Registrar of Jai Narain Vyas University, Jodhpur, vide its letter dated 09.06.2012, has supplied similar information to its Public Information Officer in response to his letter dated 26.05.2012, that benefit of pension in the Professor's grade has been paid to 234 retired teachers in terms of the Government notification dated 12.09.2008, who were promoted against ex -cadre posts under career advancement scheme, and that pension in the case of 46 Professors and 7 Associate professors was revised on that basis. Learned Senior Advocate also referred to information supplied to said Shri Ramchandra Verma by Registrar of the respondent University that there is no difference between Professors, who are duly selected and are promoted against ex -cadre post under career advancement scheme. Learned Senior Advocate therefore submitted that action of the respondents is wholly arbitrary and discriminatory inasmuch as they have arbitrarily treated similarly situated persons dissimilarly. Reliance in this connection has been placed on the judgment of the Supreme Court in D.S. Nakara & Ors. v. Union of India, : (1983) 1 SCC 305, wherein it has been held that no discrimination can be made between retired employees in the matter of grant of benefit of liberalized pension scheme only on fortuitous circumstances on the date of retirement. Shri R.N. Mathur, learned Senior Advocate, also argued that the discrimination has now cease to exist between those directly recruited and promoted against ex -cadre post in the career advancement scheme after 01.01.2006. In both the cases, pension is now being paid at par is on the basis of last pay drawn.
(3.) SHRI Rajan Prajapati, brief holder of Shri D.V. Tholia, learned Additional Advocate General for respondent No. 1, and Shri R.A. Katta, learned counsel for the respondent University, opposed the writ petition and submitted that the promotion against ex -cadre post under the career advancement scheme is personal promotion and not a promotion against cadre post. There is no post like Lecturers (Senior Scale) or Lecturers (Selection Scale) corresponding to the posts of Associate Professors and Professors. Mere drawl of higher pay scale does not per se entitle the incumbent to also claim pension on the basis of such pay scale. Benefit of pension on the basis of higher Pay Band -4 of Rs. 37400 -67000 with AGP Rs. 9000/ - shall be given to only those persons, who are working/in service as on 01.01.2006, and have completed three years of service in the existing pay scale of Rs. 12000 -18300. A person who has retired prior to 01.01.2006 shall not be entitled to such benefit. It is submitted that Ministry of Human Resource Development, Department of Higher Education, Government of India, vide clarification No. 1 -32/2009 -U.II dated 03.12.2008, clarified that persons holding the post of Reader/Head of Department on promotion shall be entitled to higher Pay Band -4. The Higher Education Department of the Government has clarified the position regarding fixation of pension vide communication dated 08.08.2011 in concurrence with the Finance Department vide ID No. 221101242 dated 05.08.2011. It has been made clear that this benefit would not be allowed to those Associate Professors, who have been designated as Professors/Associate Professors under career advancement scheme. Grievance of the members of the petitioner -Society is misplaced as the pensions of members of the petitioner -Society has been rightly fixed as per said notification.;