S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 1/14 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER
:: S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Date of Order ::::
11. h September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Narendra Kumar Chouhan, petitioner present-in-person. Mr. Jassiram Ramsnehi, OIC, Divisional Sanskrit Edu. Officer, Jodhpur. -- BY THE COURT:
1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Names of Dr. Nupur Bhati, as counsel for the petitioner and name of Mr. B.L. Bhati, Govt. Counsel and Digvijay Singh, Addl. Govt. Counsel are shown in the cause list.
2. The case is listed at Serial No.90 in today's cause list under the category of “For Hearing”..
3. Heard the petitioner and the Officer-in-Charge, who are present in person and perused the record.
4. The petitioner was selected and appointed as Librarian vide the order dated 04.10.1979 in the pay scale of S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 2/14 Rs.450-770 and the pay scale from the year 1996 is Rs.5500- 9000. Upon revision of pay scale, as made by the University Grants Commission, was given effect to in respect of professors, readers and lecturers, however, the pay scale of staff attached with the universities and government colleges were not revised, therefore, a writ petition was filed by Rajasthan University and College Physical Education, Teachers Association and Anr. being SBCWP No.608/1982. The aforesaid writ petition was allowed by a coordinate bench of this Court at Jaipur Bench vide the judgment dated 08.10.1990. In the case of Rajasthan University and College Physical Educational Teacher's Association & Ors. Vs. State of Rajasthan & Ors. (SBCWP No.608/1982, decided on 08.10.1990), the learned Single Judge of this Court held as under: - “I have given my thoughtful consideration to the whole matter. It is really very strange that the Government has taken the plea that the writ petition should be dismissed because the Union of India and the University Grants Commission have not been impleaded as parties to the writ petition. The member of the petitioner Union/Association are employees of the State Govt. and they are governed by the Rules promulgated under Article 309 of the Constitution of India. U.G.C. is only a recommendatory body and the Government of S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 3/14 Rajasthan, has, in principle, accepted the recommendations of the U.G.C. and has not opposed the same even in its reply to the writ petition. Union of India has also agreed to pay 80% grant on this count. It is really not understandable as to where is the hitch, except absence of a strong will and tactics of delaying the rightful claim and payment to the teachers, which is most unfair. In Part-B of the Report of the Committee on the revision of pay scales of Librarians and Directors of Physical Education in Universities and Colleges, published by the University Grants Commission, it has very specifically been mentioned that the Ministry of Education, Government of India has accepted the revised scales of pay for Librarians and Directors of Physical Education w.e.f. 1.1.1973 and some of the States, in pursuance of that decision, have already implemented the revised scales of pay. Again in 1982, Government of India agreed to upgrade the pay scales of Librarians and Directors of Physical Education, to bring them at par with the teachers and upgrade the scales of pay w.e.f. 1.4.1980, as per the formula given in Appendix-II (Anx.3) of the Report and it has been specifically mentioned that the State of Rajasthan has also implemented these scales. There is no reason to doubt the correctness of the statement mentioned in the report. The State of Rajasthan is S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 4/14 also not opposing the request Government has not made any such declaration to this effect and that is why the teachers are not getting the upgraded/ revised scales of pay. The writ petition has itself been pending for last more than eight years and still the Government has not been able to make a declaration and this is how the litigation increases and extra-burden is put on the High Court, when the reasonable demand and request is not acceded to by the Government within a reasonable time, in spite of agreement in principle. In the result, this writ petition is allowed and it is declared that the Directors of Physical Education/Librarians/Physical Education Teachers/ Physical Education Instructors working in the Universities and various government and non government aided colleges affiliated to the University are entitled to the upgraded scales of pay w.e.f. 1.4.1980. It is further directed that the State Government should make payment of the arrears within six months from today positively. No order as to costs.”. 5. The intra-court appeal being SAW No.119/1991 came to be filed by the respondents, however, the same was dismissed as having rendered infructuous as the respondent State Government complied with the judgment passed by the learned Single Judge. S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 5/14 6. According to petitioner, who is working on the post of Librarian, is at par with the Librarians working in the Government College. Thus, he is rendering same kind of duties, therefore, there cannot be any difference in the matter of pay scales. As a matter of fact, Sanskrit College is also Government college and same status with reference to Section 2 (f) of th UGC Act of 1956. The petitioner, who is working in the Government Sanskrit College is entitled to have same treatment in the matter of pay scales as is being given to the Librarians posted in the Government Colleges.
7. The petitioner, present-in-person submits that the controversy involved in the present writ petition is covered by the judgment of this Court in the case of Dr. Prashant Panwar & Ors. Vs. The State of Rajasthan & Ors. (SBCWP No.8418/2010 decided on 25.10.2010), whereby the writ petition filed by the lecturers of Sanskrit Colleges, came to be allowed while following the judgment rendered in the case of Kalicharan Bhattacharya Vs. State of Rajasthan (SBCWP No.444/1998, decided on 22.02.1991). The relevant extract of the said judgment rendered in the case of Kalicharan Bhattarcharya (supra) is reproduced for ready reference: - “I have heard the rival contentions of both the parties. Admittedly the following similarities are there. S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 6/14 Sanskrit Subject in general College is taught for five years, i.e., three years for Graduation and two years for Post Graduation. Sanskrit College is a specialised college for specialisation in Sanskrit and duration of the course is also five years. Examination of Shastri and Acharya Standards are conducted by the University like B.A. and M.A. examinations and both the Degrees have been recognized equivalent to B.A. and M.A. Similarly, examinations for Shiksha Shastri Training is also conducted by the University and has been recognized as equivalent to B. Ed. Degree. Post Graduation Research degrees of Vidya Varidhi and Vachaspati are awarded by the University in the same manner as is done in the case of Ph.D. and D. Litt and the same procedure is followed in these degrees, namely, the degree of Vidya Vairidhi and Vidya Vachaspati, which are equivalent to the degree of Ph. d. and D. Litt. The system of affiliation of Shastri and Acharya Colleges is the same like other general colleges. The qualifications and experience required are practically the same in the matter of appointment in various specialised Sanskrit Education Colleges. The qualifications are laid down by the University under the Ordinance. Teaching staff of the Sanskrit Colleges is represented in the Faculty of Board of Studies, S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 7/14 Academic Council Research Board, Board of Inspection, Syndicate and Senate of the University of Rajasthan in the same manner as teaching staff of other general Colleges. Teaching programme and examination system is the name for Shastri and Acharya Colleges, like the Degree and Post Graduate Colleges. Degree are awarded by the University which are equivalent to the degree of B.A., Ph. D and D. Litt. All these similarities have been admitted by the respondents in their reply. We have already referred Ordinance-51, Ordinance 51A. The Faculty of Sanskrit Studies is a Faculty in the University just like Art Faculty where the Sanskrit is taught. Even in the Faulty of General Education the degree of Shiksha Shastri is awarded by the Sanskrit Colleges. Chapter-IX of the Hand Book of the University of Rajastha, Part-II, deals with the Board of Studies and relevant Sections of the Act are Sections 25, 26, 35, 36, 49, 89, 90, 105 to 120 and 126. Section 126 of the Act provides for the Board of Studies in Sanskrit. Other sections deals with about the Constitution Penal of Commissioners etc. Thus, the faculty of Sanskrit Studies has been given a special status by inserting Ordinance 51A and Sanskrit College found place in S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 8/14 the Ordinance of University. In Sanskrit Colleges, subjects like Political Science, Hindi, History, Economics, Indian Political Science, English etc. are also taught. Thus, the Sanskrit Colleges are not limited only in the matter of teaching Sanskrit subject, but, 22 subjects are taught in Sanskrit Colleges. Thus, with a specialisation in Sanskrit other subjects are also taught like general colleges. It is a Faculty of Art and Sanskrit Literature, which finds place in the Constitution of India in 8th Schedule at Item No.11. To treat teachers of Sanskrit Colleges not at par with the teachers of other languages, may amount to discrimination against the Sanskrit language, which is said to be the mother of Indian languages. Submission of the learned Advocate General that post of Lecturer of Sanskrit College finds place in Rajasthan Sanskrit Education Service Rules, 1978, needs consideration. Rules of 1978 were enacted in exercise of the powers conferred under Article 309 of (sic! Constitution of) India by the State of Rajasthan. It is also true that at the relevant time the post of Lecturer finds place in subordinate service. However, in Rajasthan Civil Service Revised Pay Scale Rules, 1989, the post of Lecturer finds place in State service and it does not find place in subordinate service. Thus, the Rules of 1983 and Rules of 1989 have been enacted by the S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 9/14 State Government in exercise of the powers conferred by the proviso to Article 309 of the Constitution. Thus, the subsequent Rules over-rides by implication the Rules of 1978 and the post of Lecturer should be deemed for all purposes, as State Service, otherwise, there will be no question of putting the post of Lecturer of Sanskrit Colleges as State Service under the Rules of 1983 and 1989. I do not find any force in the submissions made by the Advocate General that the post cannot be considered for all purposes the State service. Once the post finds place in the State service, naturally, all consequences follow and the mode of appointment will be similar to other State Services of the Education Department and by implication the Rules of 1978 do not survive. Apart from that, we are having the Rajasthan Educational Service (Collegiate Branch) Rules, 1986. In Rule 2 (C) of the Rules, 'College' means a degree or post graduate College. Sanskrit College is a College which awards the degree of graduation and post- graduation and in a College within the purview of definition of Rule 2 (C) of the Rules of 1986. It will not be out of place to mention here that the Rules of 1986 have been given retrospective operation from 1.9.76. Sanskrit College will have to be treated as a College under the Rules of 1986 from 1.9.76. In Clause (k) of Rule 2, the word 'service' has been S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 10/14 defined. Service means, the Rajasthan Educational Collegiate Branch. Thus, the service of the Lecturers of the Sanskrit College also falls within the purview of the definition of 'Service' as it is a service of the Collegiate Branch. It will be out of place here to mention that under Clause (c) of Rule 5 of the Rules of 1986 it has been provided that the post of Senior Lecturer which existed prior to 1.9.76 shall be deemed to have been merged in the post of Lecturer w.e.f. 1.9.76. Assuming for the time being that submissions made by the Advocate General that the mode of appointment is different, even then, I am of the view that it will not change the nature of the duties and responsibilities of the teaching staff of the Sanskrit Colleges. The duties and the responsibilities of the Lecturers of Sanskrit Colleges is to prepare scholars having knowledge equivalent to B.A., M.A., Ph.D. and D. Litt. of the University. Thus, the responsibility is the same and mode of recruitment does not in any way effect the nature of the duties and responsibilities of the teaching staff of the Sanskrit Colleges. In general Colleges, Sanskrit is one of the subjects with other subjects. Sanskrit is a compulsory subject with other subjects, like optional subjects – Hindi, History, Economics, Political Science etc. I am of the view that to treat the Lecturers of Sanskrit Colleges on different S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 11/14 footing than the Lecturers of other Colleges and not to give them equal pay-scales is against the provisions of Article 39 (d) of the Constitution read with Articles 14 and 16 of the Constitution. In the result, the writ petition is accepted. State Government is directed to pay equal pay like other Lecturers of general Colleges to the Lecturers of Sanskrit Colleges from the date of filing of this writ petition, i.e. 6.2.88 with all consequential benefits within a period of three months from today. Costs made easy. Sd/- D.L. Mehta, J.”. 8. The intra-court appeal filed against the judgment of learned Single Judge in the case of Kalicharan Bhattacharya (supra) also came to be dismissed on 19.09.1994 by recording the statement given by the learned Advocate General before the Division Bench that the State Government has accepted the decision of the learned Single Judge and, therefore, the appeal is not pressed.
9. In another round of litigation, with a fresh writ petition filed by one Dr. Rajendra Prasad Misra, being SBCWP No.260/2002, came to be allowed by another coordinate bench of this Court on 29.03.2005 in the following terms: - S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 12/14 “Accordingly, the present writ petition is allowed in view of the observations made by this Court in the case of Kalicharan Bhattacharya (supra) and the respondents are directed to grant pay scale of Rs.16400-22400 to the petitioner in place of 11300-16200/- as provided under the Rules of 1999 from the date of filing of this writ petition i.e. 13.12.2001, with all consequential benefits within a period of 3 months from today. With the aforesaid observations and directions, the writ petition is allowed. There will be no order as to costs. Sd/- (R.P. VYAS),J.”. 10. Even the State's appeal against the aforesaid order dated 29.03.2005 of the learned Single Judge, came to be dismissed by another Division Bench of this Court with the following observations, while dismissing the appeal on 02.09.2005 passed in DBSAW No.2415/2005. “(State of Raj. & Anr. Vs. Rajendra Prasad Mishra) D.B.C. Special Appeal (W) DR(J) No.2415/2005 HON'BLE Mr. RAJESH BALIA, J.
HON'BLE Mr. R.S. CHAUHAN, J.
The disparity in pay did not have any rational nexus with object sought to be achieved is so obvious from the aforesaid facts, and no other view is possible than that the Principal of Sanskrit College are getting less pay scale merely on the S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 13/14 basis of the particular subject being taught in the College and the learned Single Judge has rightly issued mandamus to grant pay scale of Rs.16400- 22400 applicable to the Principal of other Government colleges of different subjects to the petitioner-respondent also as Principal of Sanskrit College. We, therefore, do not find any force in the appeal and the appeal is accordingly dismissed on merit. No costs. Sd/- Sd/- (R.S. Chouhan),J.
(Rajesh Balia), J.”. 11. The Special Leave Petition being SLP No.26188/2005- State of Rajasthan & Anr. Vs. Rajendra Prasad Mishra & Anr., filed against the order of the Division Bench filed by the State Government also came to be dismissed by the Apex Court on 21.04.2010.
12. The petitioner, therefore, submitted that the controversy involved in the present writ petition is no longer res integra and the Librarians of the Sanskrit colleges have to be paid the same pay-scale as the Librarians in other general colleges are being paid.
13. The Officer-in-Charge, present is unable to controvert the submissions made by the petitioner. S.B. CIVIL WRIT PETITION No.4882/2012. Narendra Kumar Chouhan Vs. State of Rajasthan & Ors. Order dated 11/09/2014 14/14 14. In view of the aforesaid legal position and the controversy being squarely covered by various judgments of this Court, quoted above, and the same has been put to rest by the judgment of this Court time and again and, therefore, it high time that the respondents should implement the said judgments in letter and spirit and provide the same relief and treatment to the librarians of the Sanskrit Colleges also and pay the same pay and allowances as is being paid to the librarians of other general colleges.
15. Accordingly, the present writ petition is allowed in the same terms as aforesaid. The compliance by way of giving all consequential benefits including retiral benefits, pension etc. to thepetitioner, may be made within a period of three months from today. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.
DJ/- 90