Dismissed

Rajasthan University of Veterinary and Animal Science, Bikaner v. Govind Dan

Rajasthan HC12 Nov 2018SAW/1687/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a special appeal against a Single Judge's order upholding a fixation of a Dairy Assistant in the pay scale of a Laboratory Technician but only with arrears from 1988, rejecting a claim for arrears from 1976 based on an equivalence order.

What the court decided

AI extract

Rajasthan University of Veterinary and… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Special Appeal (Writs) No. 1687/2018

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Rajasthan University Of Veterinary And Animal Science, Bikaner, Through Its Registrar, Bikaner

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Swami Keshwanand Rajasthan Agricultural University, Bikaner, Through Its Registrar, Bikaner

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----Appellants

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Versus

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Govind Dan S/o Shri Bhanwar Dan, By Caste Charan, Near Rathi Well, Deshnok, District Bikaner

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----Respondent

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For Appellant(s) : Mr.Basti Chand For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Judgment

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12/11/2018

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The respondent/writ petitioner has preferred this special appeal against the order dated 03.05.2018 passed by learned Single Judge in S.B.Civil Writ Petition No.3766/2002, partly allowing the writ petition filed by the respondent/writ petitioner.

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The facts necessary for the present adjudication are that the respondent/writ petitioner was appointed on the post of Dairy Assistant on 01.04.1969 in the pay scale of Rs.110-230 in the Udaipur University, which is now known as Swami Keshwanand Rajasthan Agricultural University.

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The respondent/writ petitioner, in the writ petition, had sought benefit of revision of pay scale with effect from

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(2 of 4)

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[SAW-1687/2018]

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01.04.1969, as per the Ranawat Pay Scale, 1969 admissible to the Dairy Assistants, Poultry Assistants and Laboratory Assistants/Technicians.

¶19

Learned Single Judge, in the impugned order, has taken note of the order issued by the University on 27.06.1980 (Annexure-1 of the writ petition) inter alia providing for pay scale of Rs.150-8-190-10-210-15-330 in the Ranawat Pay Scale, 1969 and its corresponding scale of Rs.440-10-490-20-770 to the Laboratory Assistants/Laboratory Technicians (Non-graduate) with effect from 01.09.1976.

¶20

Learned Single Judge has also taken note of the fact that the respondent/writ petitioner was working as Dairy Assistant, and as per the order dated 01/05.07.1996, pursuant to the decision of the Board of Management dated 27.03.1996 regarding acceptance of Samta Samiti recommendations, it was ordered that the Dairy Assistant/Poultry Assistant/Inseminator be allowed the pay scale of Laboratory Technician, and in future, when the government revises the pay scale of Laboratory Technician, the same pay scale will be allowed to Dairy Assistant/Poultry Assistant/Inseminator also.

¶21

Learned Single Judge has further noted in the impugned order that in pursuance of the aforesaid order, the University passed an order on 05.12.1996, whereby fixation of the respondent/writ petitioner was ordered at the minimum of the pay scale of Rs.440/- per month, which resulted in his basic pay getting reduced from Rs.2,800/- to Rs.2,500/-.

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Learned counsel for the appellants today has pointed out that the stand of the appellants was correct before the learned Single Judge, as the Ranawat Pay Scale had recommended the

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(3 of 4)

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[SAW-1687/2018]

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grade of Rs.120-240 in respect of Laboratory Assistant and Rs.110-230 in respect of Dairy Assistant, and thus, the grant of minimum of pay scale at Rs.440/- with effect from 01.09.1988 was justified.

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After hearing learned counsel for the appellants as well as perusing the record of the case alongwith the impugned order passed by learned Single Judge, we find that the learned Single Judge has rightly based the finding upon the aforementioned order dated 01/05.07.1996 pursuant to the decision of the Board of Management dated 27.03.1996, whereby the Dairy Assistant/Poultry Assistant/Inseminator were allowed the pay scale of Laboratory Technician.

¶27

Learned Single Judge has also rightly taken note of the order passed by the University on 27.06.1980 (Annexure-1 of the writ petition), which provided the pay scale of Rs.150-8-190-10210-15-330 in the Ranawat Pay Scale, 1969 and its corresponding scale of Rs.440-10-490-20-770 to the Laboratory Assistants/Technicians (Non-graduate) with effect from 01.09.1976.

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Since the University has not been able to come out of its order dated 01/05.07.1996, whereby the Dairy Assistant/Poultry Assistant/Inseminator were allowed the pay scale of Laboratory Technician, therefore, there is no denial on the part of the University regarding equivalence between the said posts.

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The Laboratory Technicians, vide order dated 27.06.1980, have been given arrears with effect from 01.09.1976, and since the University itself has taken the decision that there is equivalence between the post of the respondent/writ petitioner i.e.

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(4 of 4)

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[SAW-1687/2018]

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Dairy Assistant and the post of Laboratory Technician, therefore, the same benefit of providing for fixation in the minimum pay scale of Rs.440/- per month and arrears with effect from 01.09.1988 vide order dated 05.12.1996 is not justified.

¶33

It is in tandem with the facts that the respondent/writ petitioner would be fixed at an equivalent stage in the Ranawat Pay Scale as per the revised Pay Scale of 1976 and would be entitled to arrears with effect from 01.09.1976, as available to the Laboratory Technicians from the initial date, and not the pay scale of Rs.440/- per month as done vide order dated 05.12.1996, whereby the arrears were to be paid with effect from 01.09.1988.

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In light of the aforesaid observations, the impugned order passed by learned Single Judge is justified and the same does not call for any interference.

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Consequently, the present special appeal is dismissed.

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(DR. PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ.

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Skant/-

Rajasthan University of Veterinary and Animal Science, Bikaner v. Govind Dan

Case brief

What is this about?

What the court decided

Rajasthan University of Veterinary and Animal Science, Bikaner v. Govind Dan

Case brief

What is this about?

What the court decided

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