1 S.B.CIVIL WRIT PETITION NO.2789/1998 Madan Singh Rathore v. Jai Narayan Vyas University, Jodhpur Date of Order :: 23rd April, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. RK Mishra for Mr. RS Saluja, for the petitioner. Ms. Kusum Rao, for the respondents. .... On 6.11.1978, an appointment was given to the petitioner as Lower Division Clerk with respondent University. While working with the University, the petitioner acquired Bachelor's Degree of Arts in the year 1981 and Master's Degree of Arts in the subject of Political Science in the year 1983. In the Education Session of the year 1989-90 the petitioner also obtained a certificate in the subject of Library Science from Indira Gandhi National Open University, New Delhi. The qualification of the Bachelor's Degree in Library Science was acquired by the petitioner in the year 1992. Prior to that he was employed with the respondent University as Junior Technical Assistant in the year 1991. A promotion was accorded to him as Senior Technical Assistant (Library) on adhoc basis under an order dated 13.6.1994. The promotion aforesaid was regularised against a lien post w.e.f. 31.8.1994. The respondent University under an office order dated 7.7.1994 allowed University Grants 2 Commission (hereinafter referred to as “UGC”) upgraded pay scales to the Senior Technical Assistants drawing pay under Rajasthan Civil Services (Revised Pay Scales) Rules, 1976. The revised pay scales aforesaid were made admissible only to the existing incumbents possessing “first, or Second class B.A./B.Sc./B.Com. Degree plus a first or Second class M.Lib.Sc. Degree or first or Second Class M.A./M.Sc./M.Com. Degree and a first or second class B.Lib.Sc. or a Diploma in Library Science”. On 7.7.1994 though the petitioner was working as Senior Technical Assistant but was not having requisite qualification, thus, the revised pay scale was not accorded to him. The petitioner re- qualified for Master's Degree in Arts with the subject of Political Science on 16.6.1995 with second division. Accordingly, he acquired requisite qualification for getting revised pay scales as per office order dated 7.7.1994. The petitioner on 16.6.1995 was possessing second class M.A. Degree and second class Bachelor's Degree in Library Science, he, therefore, submitted a representation to the respondent University for grant of revised pay scale as per office order dated 7.7.1994. The claim made by the petitioner was rejected by the Assistant Registrar (Establishment) of the respondent University on 4.8.1997 on the count that he was not qualified to receive UGC pay scales on 7.7.1994. Being aggrieved by the same, this petition for writ is preferred. 3 The case of the petitioner is that under office order dated 7.7.1994 UGC pay scales were allowed to the Senior Technical Assistants as per Government of Rajasthan's decision and also in pursuant to a resolution of the syndicate of the University. The pay scales so allowed is for the persons holding the post of Senior Technical Assistants having specific qualification. The petitioner on 16.6.1995 acquired qualification required for grant of UGC pay scales, therefore, at least from the day aforesaid the respondent University should have granted UGC pay scales to him. Per contra, as per the respondent University the petitioner on 7.7.1994 was not having requisite qualification for receiving UGC pay scales, thus, he was not an existing Senior Technical Assistant (Library) and as such he is not entitled for receiving UGC pay scales relating to the post of Senior Technical Assistant. Heard counsel for the parties. True it is, the office order dated 7.7.1994 prescribes UGC pay scales to the existing Senior Technical Assistants with the prescribed qualification and the petitioner on 7.7.1994 was not having the qualification prescribed but on asking, it is stated by counsel for the petitioner that in the event of 4 direct recruitment at this stage a Senior Technical Assistant shall be entitled for getting the pay scales as prescribed by the UGC. The resultant position shall be that the direct recruits as well as existing Senior Technical Assistants as on 7.7.1994 shall be entitled for UGC pay scales but the persons who were working as Senior Technical Assistant on 7.7.1994 but lacking the prescribed qualification shall not be entitled for UGC pay scales despite acquiring eligibility at a later stage. If such a position be permitted to continue, then that shall be nothing but a conscious discrimination among the persons of same class. As a matter of fact the UGC pay scales are allowed to Senior Technical Assistants having required qualification and it is nothing to do with the fact that whether they were in employment of the University on 7.7.1994. The petitioner and all other Senior Technical Assistants who possess requisite qualification for receiving UGC pay scales irrespective of the fact that on 7.7.1994 they were possessing requisite qualification or not but presently having such qualification forms one class and no disparity can be permitted to exist in grant of pay scale to them. In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The petitioner is declared entitled for grant of University Grants Commission pay 5 scales as per University office order dated 7.7.1994 w.e.f. 16.6.1995, the day on which he acquired the qualification prescribed for getting UGC pay scales under the office order concerned. The petitioner shall be entitled for all consequential benefits as declaration of entitled as above including arrears of pay. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.