Govind Mathur, J. - (1.) For getting executed the Resolution No.174/1994 undertaken by Syndicate of the respondent University in its meeting dated 08th March, 1990, this petition for writ is preferred.
(2.) In brief, facts of the case are that the petitioners are in employment of Rajasthan University as Garden Supervisor. The petitioner No.1 is having Bachelor's Degree in Science with Post Graduation in Horticulture and petitioner No.2 is having Bachelor's Degree in Science (Agriculture). The Syndicate of respondent University by Resolution No.174/1994 resolved for change of nomenclature of the post of Garden Supervisor to Garden Inspector at par with the University of Rajasthan and further to revise the pay scale of the post concern from Rs.1200- 2500 to 1400-2600 w.e.f. 01.09.1988. The Resolution aforesaid was made to have parity with the Garden Inspectors working with the University of Rajasthan. The petitioners by submitting various representations agitated their cause regarding implementation of the resolution, but no step in this regard was taken for quite a long time. The Assistant Registrar (Establishment), ultimately by a communication dated 10.09.1996 informed the University Engineer (Building Cell), J.N. Vyas University, Jodhpur that the Government of Rajasthan was not in agreement to revise pay scales as per Resolution No.174/1994.
(3.) The decision of the Government was communicated by a letter dated 29.02.1996 from Officer-in-charge on Special Duty (Higher Education), Government of Rajasthan, relevant portion of that is quoted below: "I am not aware of the duties of Horticulture Inspector, the Persons placed under him, the qualifications for the above posts and the administrative duties assigned to the Inspector of Horticulture Department and unless two can be compared, the department will be unable to give its opinion. Secondly, the posts in one department can not be upgraded in the other department because another department has upgraded some posts. The specific mention of Horticulture Department in the Finance Deptt. circular has been made to exclude all the posts of Garden Inspectors in the other department, even if they exist their. Thirdly, this is not a cogent argument to change the nomenclature of the post because the scale has been revised and the incumbent working the Garden Supervisor's scale has been given the advantage of selection scale 9, 18 and 27 years treating it was isolated post which the University has already given to him and to change the nomenclature and provide an upgraded post will be the very negation of the above facility. In the light of what has been stated above, you are requested to take a view at your level objectively.";