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Allahabad High Court directs state government to take decision on revised pay scale to registrar

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The Allahabad High Court has directed the State Government to take a decision in the matter related to revised pay scale by Central Pay Commission of University Grant Commission (UGC) to be given to the Registrar and Deputy Registrar working in Professor Rajendra Singh Rajju Bhaiya University Prayagraj.

A Single Bench of Justice Siddharth passed this order while hearing a Petition filed by Dipti Mishra.

The Petitioner has approached the court praying for direction to the respondents to revise the Pay Scale of petitioner from the date of her appointment in the light of the UGC 6th Central Pay Commission (CPC) pay-scale and further prayer for direction to the respondent no1 to extend benefits of UGC-7th Central Pay Commission to the petitioner from the date of its implementation i.e 01.01.2016 has been sought.

Counsel for the petitioner submitted that the petitioner is working on the post of Deputy Registrar in Allahabad State University (Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj.

The University Grant Commission /respondent no 2 has framed a scheme for revision of the pay for the post of Registrar, Deputy Registrar, Assistant Registrar, Controller of Examination etc, order dated 2.11.2017 and the aforesaid scheme has been made applicable to certain universities in the State of U.P, by the order dated 20th July, 2020.

The scheme has already been applied to Dr Ram Manohar Lohiya Law University, Lucknow, U.P, Rajshree Tandon Open University, Allahabad and Dr. Shakuntala Mishra National Rehabilitation University, Lucknow while the benefit of the scheme has not been extended to the respondent no 2, where the petitioner is working.
Counsel for the petitioner has further pointed out to the letter dated 31st January, 2018 of the University Grants Commission directing the State Governments to implement the aforesaid scheme for making payment of pay-scale to the employees as per 7th Central Pay Commission. It has been submitted that till date the State Government has not taken uniform decision in this matter.

In the personal affidavit filed on behalf of the Additional Chief Secretary, Government of U.P, it is stated that the parity of pay of officers of centralized cadre to that of similarly situated employees of Dr Ram Manohar Lohia National Law University, Lucknow; Rajrishi Tandon Open University, Prayagraj and Dr Shakuntala Mishra National Rehabilitation University, Lucknow is not acceptable since petitioner was appointed under service cadre of Uttar Pradesh (Centralized) services in the State University governed by the provisions of Uttar Pradesh State Diversities Act, 1973, whereas above mentioned Universities are governed by Special statutes hence the petitioner cannot claim parity with the aforesaid universities, the Court noted.

After considering rival contentions, the Court found that the State Government has not adopted uniform norms with regard to 6th & 7th Pay Commission pay-scale to the employees in all the Universities in the State of U.P. There is no distinction in the scheme of University Grants Commission regarding Special Statutes.

“The matter is remanded to the respondent no1/ Additional Chief Secretary, Department of Higher Education, Government of U.P, Lucknow to consider the grievance of the petitioner in the light of the UGC 6th Central Pay Commission (CPC) payscale and U.G.C 7th Pay Commission report within a period of six weeks from today and pass appropriate orders in accordance with law”, the Court ordered.

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