Andhra Pradesh HC Directs Extension Of Revised UGC Pay Scale, 2006 To Sri Krishna Devaraya University Technicians
|The Andhra Pradesh High Court ordered the extension of the Andhra Pradesh Revised UGC Pay Scales, 2006 to the Department of University Sciences Instrumentation Center, Sri Krishna Devaraya University.
A Single Bench of Justice Harinath. N observed that “When the Government has in vivid terms agreed for taking over the recurring liability on the establishment of USIC at the 2nd respondent/University on 15.11.1991, now cannot shy away from the responsibility. The 1st respondent has taken a stand that, in order to maintain parity in payment of pay scales to Non-Teaching Staff in all universities a decision to reject AP Revised UGC Pay Scales, 2006 to the petitioners was taken. The stand of the state in that regard is illogical.”
Advocate K Lakshmi Narasimha represented the petitioners while GP for Higher Education, C Sudesh Anand appeared for the respondents.
The petitioners, who had been working as Technicians Grade-I and Grade-II since their recruitment in 1982, filed a writ petition seeking to come under the revised UGC pay scales introduced in 2006. Despite being paid UGC Scales of Pay for 1986 and 1996, the petitioners argued their entitlement to the AP Revised UGC Scales of Pay, 2006.
The State Government had argued that in order to maintain parity in payment of pay to the Non-Teaching Staff in the universities had decided to pay uniform scales to all NonTeaching Staff by extending the state scales and not UGC Scales. It was also submitted that State Scales are allotted to Non-Teaching Staff including the Technicians of all grades who were appointed under USIC in Andhra University, Nagarjuna University, Osmania University and Sri Venkateswara University.
The Court mentioned the concurrence given by the Government of Andhra Pradesh in 1991 for the establishment of the University Science Instrumentation Center and its commitment to taking over the recurring liability for the posts in question.
The Court noted that the “doctrine of promissory estoppel would come into play” and explained that “The promise of the State Government in so far as taking over the recurring liability of the petitioners cannot be withdrawn retrospectively.”
The Court directed the application of the revised pay scales to the petitioners from the date they were due to receive the same along with the arrears.
The High Court allowed the writ petition.
Cause Title: K A Madhusudhana Goud & Anr. v. The Government of Andhra Pradesh & Ors.