Rajasthan High Court
University Of Rajasthan vs Bhagwan Sahay Gupta S/O Late Shri ... on 17 August, 2023
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2023:RJ-JP:18072-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. D.B. Special Appeal (Writ) No. 738/2018
In
S.B. Civil Writ Petition No.7526/2011
1. University of Rajasthan, Jawahar Lal Nehru Marg, Jaipur
through its Registrar.
2. The Vice-Chancellor, University Of Rajasthan, Jawahar Lal
Nehru Marg, Jaipur.
----Appellants
Versus
1. Bhagwan Sahay Gupta S/o Late Shri Chouthmal Gupta, aged
about 61 years, R/o S-23, Cinema Scheme, Near AVM School,
Gol Circle, Janta Colony, Jaipur.
2. State Of Rajasthan Through Secretary, Department Of Higher
Education, Government Secretariat, Rajasthan, Jaipur.
----Respondents
Connected With
2. D.B. Special Appeal Writ No. 740/2018
In
S.B. Civil Writ Petition No.12094/2015
1. University of Rajasthan, Jawahar Lal Nehru Marg, Jaipur
through its Registrar.
2. The Vice-Chancellor, University Of Rajasthan, Jawahar Lal
Nehru Marg, Jaipur.
----Appellants
Versus
1. R.C. Vijay S/o Late Shri S.R. Vijay, B-179, JDA Colony,
Malviya Nagar, Jaipur
2. State Of Rajasthan Through Secretary, Department Of Higher
Education, Government Secretariat, Rajasthan, Jaipur.
----Respondents
3. D.B. Special Appeal Writ No. 741/2018
In
S.B. Civil Writ Petition No.11385/2015
1. University of Rajasthan, Jawahar Lal Nehru Marg, Jaipur
through its Registrar.
2. The Vice-Chancellor, University Of Rajasthan, Jawahar Lal
Nehru Marg, Jaipur.
[2023:RJ-JP:18072-DB] (2 of 5) [SAW-738/2018]
----Appellants
Versus
1. Dr. (Smt.) Shakti Trivedi W/o Dr. J. N.Trivedi, Advocate (EX-
1AF), 902, Shanti Nagar, Durgapura, Jaipur-302018 and at
present holding the post of Private Secretary to the Registrar,
University of Rajasthan, Jaipur.
2. State Of Rajasthan Through Secretary, Department Of Higher
Education, Government Secretariat, Rajasthan, Jaipur.
----Respondents
For Appellant(s) : Mr. N.K. Maloo, Senior Advocate with
Mr. Ajit Maloo Advocate.
For Respondent(s) : Mr. Anand Sharma Advocate.
Mr. Jai Narain Trivedi Advocate.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment
17/08/2023
These three appeals have been filed by the appellants-
University against the order passed by the learned Single Judge,
whereby, the order of withdrawal of higher pay-scale granted to
the Private Secretaries has been set aside.
Learned Single Judge held that withdrawal of higher pay-
scale was illegal and the order of withdrawal of higher pay-scale
was set aside with direction to pay all consequential benefits.
Learned Senior Counsel appearing on behalf of the
appellants-University would argue that the University had initially
decided and granted higher pay-scale to Private Secretaries, but
on the basis of the State objection that the same was granted
without sanction from the State, it was withdrawn. Learned Senior
Counsel would further submit that as grant of higher pay-scale to
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the particular class of employees in the University (Private
Secretaries) has financial implications, on review preferred,
learned Single Judge vide order dated 31.10.2017 passed in S.B.
Writ Review No.11/2017 held that the directions given in the cases
of K. Shankar Iyer & Others Versus The State of Rajasthan
& Others, S.B. Civil Writ Petition No.383/2007, decided on
21.07.2011 and MD Lohiya & Others Versus State of
Rajasthan & Others, S.B. Civil Writ Petition No.3260/2004
and batch of petition, decided on 04.01.2007 for allowing grant
to the University would operate in the present case also. It is
submitted that the University would have no objection to grant
higher pay-scale to the Private Secretaries provided the same is
duly sanctioned and granted by the State Government. He would
further submit that, though, at the level of the government,
proceedings have been initiated for grant of sanction, but till date,
no orders have been passed and, therefore, in these
circumstances, the University is left with no option, but to press
this appeal against the order of the learned Single Judge as the
order of the learned Single Judge involves financial implications.
It is quite apparent that the order of withdrawal of higher
pay-scale was held illegal by the learned Single Judge relying upon
two Division Bench Judgments in the cases of K. Shankar Iyer &
Others Versus The State of Rajasthan & Others (Supra)
and MD Lohiya & Others Versus State of Rajasthan & Others
(Supra). The learned Single Judge set aside the order of
withdrawal of higher pay-scale with the result that the Private
Secretaries, who approached the Court would be entitled to higher
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pay-scale and all consequential benefits until they have retired
from service.
Keeping in view that the direction of the learned Single Judge
involves financial implications and the source of the funds of the
University is limited, the University filed S.B. Writ Review
No.11/2017. In that review petition, University took the stand that
in the cases of K. Shankar Iyer & Others Versus The State of
Rajasthan & Others (Supra) and MD Lohiya & Others Versus
State of Rajasthan & Others (Supra), this Court, while
granting benefit, directed the State Government to allow grant in
favour of the University and, therefore, prayer was made for
issuance of similar directions in consonance with the aforesaid two
judgments.
Though Government Counsel opposed the prayer made on
behalf of the University, learned Single Judge was inclined to
accept the prayer of the University that the direction given in the
cases of K. Shankar Iyer & Others Versus The State of
Rajasthan & Others (Supra) and MD Lohiya & Others Versus
State of Rajasthan & Others (Supra) for allowing grant to the
University would operate in the present case also. This clearly
means that the contention of the State Government was not
accepted and the University was held entitled to appropriate
sanction to meet the financial burden on account of grant of
higher pay-scale to the Private Secretaries.
The order passed by this Court in review petition on
31.10.2017 is vividly clear. The state is bound to grant necessary
sanction to the University to cope up with the enhanced financial
burden on account of grant of higher pay-scale to the Private
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Secretaries. In-fact, learned Senior Counsel appearing on behalf of
the appellants-University, during the course of arguments, fairly
submitted that the State has initiated the process vide memo
dated 08.06.2023 addressed to the University seeking necessary
information in that regard. We hope that the State would do well
to complete the exercise towards grant of sanction, which it is
obliged in view of the order dated 31.10.2017 passed in S.B. Writ
Review No.11/2017.
With the aforesaid directions and observations, these appeals
are disposed off.
A copy of this order be placed on record in each appeal.
(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J
Sanjay Kumawat-35-37
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