VICE CHANCELLOR, G.B. PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY AND ANR. versus DR. KEWALA NAND AND ORS. ETC.

Citation: [1998] SUPP. 1 S.C.R. 550 · Decided: 10-09-1998 · Supreme Court of India · Bench: SUJATA V. MANOHAR · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
VICE CHANCELLOR, G.B. PANT UNIVERSITY OF 
AGRICULTURE AND TECHNOLOGY AND ANR. 
v. 
DR. KEWALA NANO AND ORS. ETC. 
B 
SEPTEMBER 10, 1998 
[SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.) 
. Service Law-Pality i11 employment and pay scale-Two cadres of Re-
search Assista11ts and Se11ior Research Assistants working in appella11t-1111iver-
C sity-Research Assistallls appointed i11 pay-scale of Rs. 350-700 (revised to 
Rs. 500-900) 011 the basis of B.Sc qualification while Senior Research Assis-
tant appointed in pay scale of Rs. 700-1600 011 the basis of M.Sc qualifica-
tio11--Claim of Research Assistants for pality of pay with Senior Research 
Assistants and for equating with teachers 011 the basis of the pay scales of 
D Research Assistants wm*ing in two other universities of the State-Howeve1; 
such Research Assistallf working for other universities appointed 011 the basis 
of M.Sc. qualificatio11--Pay scale revised to the Research Assistants working 
for appellallt- university at par with Senior Research Assistant having M.Sc. 
qualificatio11 prospectively-Held, there is no legal basis to claim grant of pay 
E of Senior Research Assistants retrospectively-Retrospective pa1ity ca1111ot be 
claimed as a matter of 1iglit when appoilltments were made 011 the basis of 
different qualifications and different selection---Fwthe1; Research Assistants 
were not declared teachers by the Govemment and the ref ore grant of higher 
scale to them prospectively would not affect seniolity to teaching staff like 
Professors, Junior or Senior Research Officers and Subject-matter 
F Specialists---U.P. Agiicultural University Act, 1958---Section 28(r). 
There were two cadres of Research Assistants and Senior Research 
Assistants working in the appellant-university having pay scales of Rs. 
350-700 (revised w.e.f.1.4.1978 to Rs. 500· 900) and Rs. 7110-1600 respective· 
Iy, with educational qualifications for appointment being B.Sc. and M.Sc. 
G respectively for ·the said cadres. Research Assistants claimed that they 
should also be given the pay scale of Rs. 71111-1600 from 1.4.1978 and its 
corresponding revised pay scale of Rs. 2200-4000 w.e.f. 1.1.1986. This was 
claimed by the cadre of Research Assistants on the basis of the pay scales 
prevailing in the other two universities in the State with respect to such 
H Research Assistants. However, these Research Assistants in the other 
550 
\ 
VICE CHANCELLOR v. DR. K. NANO 
551 
universities had unified cadre and were given the pay scale of Rs. 700-
A 
900/Rs. 2200-4000 with M.Sc. degree. These Research Assistants also 
claimed their parity with the teachers who were allowed minimum pay scale 
of Rs. 700-1600, and went on strike for the same. It was then, that the Board 
of Management of the appellant-university on 12.12.1989 declared the Re-
search Assistants as teachers and resolved that they should be sanctioned 
the pay scale of Rs. 700-1600w.e.f. l.4.1978, later revised to Rs. 2200-4000 on 
the date as fixed by the Indian Council of Agricultural Research. It was 
made clear that payments would be made only after the issue of Government 
Orders. This was followed by a Board Resolution dated 16.12.1989 that 
those Research Assistants who were appointed on regular basis on 1.4.1978 
or before and who possessed M.Sc. degree would be paid the revised scale 
on receipt of the required contribution grant from the Indian Council of 
Agricultural Research/State Government. This was made clear that these 
were being implemented only on a provisional basis and in anticipation of 
the sanction of the State Government. However, appellant-university 
B 
c 
received a letter from the State Government dated 23.12.1990 conveying the D 
appellant-university that the Government's sanction could not be accorded 
to the grant of University Grants Commission's pay scale of Rs. 700-
1600/2200-4000 to Research Assistants. Sanction was also not accorded to 
the declaration of Research Assistants as teachers. Later on the appellant-
university had revised the pay scale of these Research Assistants along with 
Technical Assistants and Extension Assistants who possessed l\l.Sc. degree E 
with minimum second class as prescribed by UGC to : (i) Rs. 500- 900 up to 
31.12.1985; (ii) Rs. 1740-3000 from 1.1.1986; and (iii) Rs. 2200-4000 from 
12.12.1989 with the sanction of State Government vide its letter dated 
7.3.1991. This letter further stated that this benefit would be available to all 
such incumbents who were

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