CLCON/149/2020
2021 Latest Caselaw 858 UK

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                                  CLCON No. 1489 of 2020
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Avtar Singh Rawat, learned Senior Counsel assisted by Mr. Prasanna Karnataka, learned counsel for the petitioners.

Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Shubhang Dobhal, learned counsel for opposite party No. 1.

Mr. Pradeep Hariya, learned Standing Counsel for opposite party no.

WPSB No. 445 of 2014 filed by the petitioners was decided vide judgment dated 07.08.2019. Operative portion of the said judgment is reproduced below:-

"39. The order dated 04.12.2015, whereby the earlier office orders dated 18.12.2008 and 18.07.2010 were cancelled, is set-aside. Both the State Government and the respondent- University shall ensure that the exercise of notional fitment of these Junior Scientists, and payment to them of arrears of salary from 01.01.2015, shall be completed and the arrears of salary, and any other benefits to which they may be entitled to, shall be paid to them within four months from the date of production of a certified copy of this order."

In para 25 of the said judgment, Division Bench has discussed in great detail the issue, whether petitioner falls within the definition of "teacher" as defined under Section 2(K) of the Uttar Pradesh Krishi and Praudyogic Vishwa Vidyalaya Adhiniyam, 1958 and it was held that petitioners are teachers and they are entitled to UGC pay scale.

Petitioners have complained before this Court that they are not being given UGC pay scale and other benefits attached to UGC pay scale, although they admit that petitioners have been given pay scale of `8000-13500 w.e.f. 01.01.2015.

Learned Senior Counsel for the petitioners submits that persons, who are holding teaching post and are getting UGC pay scale, are entitled to various benefits which are being denied to the petitioners by treating them non- teaching employee.

Since in para 25 of the judgment, Division Bench of this Court has held that petitioners are entitled to UGC pay scale and petitioners have not been paid UGC pay scale, even after more than 18 months of passing of the judgment, therefore, this Court is of the prima facie opinion that opposite parties have wilfully violated the judgment of this Court.

Opposite parties are, therefore, directed to remain present before this Court for framing of charge on 05.04.2021.

List this matter on 05.04.2021.

(Manoj Kumar Tiwari, J.) 12.03.2021 Aswal