Om Parkash vs H.P. Krishi Vishav Vidyalaya and Another

Rajiv Sharma, J.—Material facts, necessary for adjudication of this petition are that the Petitioner was appointed as Forest Guard in the college of Agriculture under H.P. University on 7th December, 1976. He was transferred to Agriculture Complex, Palampur on 14.2.1977. The Himachal Pradesh Krishi Vishva Vidyalaya came into existence on 1.11.1978. Petitioner became an employee of Himachal Pradesh Krishi Vishva Vidyalaya. Thereafter Dr. Y.S. Parmar University of Horticulture and Forestry came into existence in the year 1986.

Mr. Ajay Sharma, learned Counsel for the Petitioner has strenuously argued that the post of his client has been equated with Class-IV post. According to him, his post was to be equated with Field Assistant Grade-I. Mr. Lokender Thakur, learned Counsel appearing on behalf of the Respondents has argued that the post of Petitioner was equated with the post of Field Assistant correctly. According to him, pay-scale of Forest Guard and Field Assistant was same, i.e. Rs. 400-600.

I have heard learned Counsel for the parties and gone through the pleadings carefully.

Petitioner has been appointed initially in the college of Agriculture on 7th December, 1976. He was transferred on 14.2.1977 to Agriculture Complex, Palampur. Himachal Pradesh Krishi Vishva Vidyalaya came into existence on 1.11.1978. He became the employee of Himachal Pradesh Krishi Vishva Vidyalaya. The post of Forest Ranger is not in existence in the cadre of University. The Vice-Chancellor of Respondent-University exercising the powers under Statue 3.1(2)(iv) equated the post of the Petitioner with Field Assistant. The pay-scale of Field Assistant was Rs. 400-600 and the pay-scale of Forest Guard was also Rs. 400-600. There is no merit in the contention of Mr. Ajay Sharma, learned Counsel for the Petitioner that his client was equated with Class-IV post. In fact, the post of Field Assistant is to be filled up even as per Annexure A-3 from Class-IV posts of Mali, Chowkidar, Beldar etc. The Petitioner has been subsequently promoted from the post of Field Assistant to the post of Field Assistant Grade-I in the pay-scale of Rs. 450-800 on 7.1.1987. He has joined his duties on 9.2.1987. Thereafter he has been further promoted to the post of Technical Assistant Grade-II on 31.12.1994 and he joined his duties on 1.2.1995. Petitioner has failed to substantiate the plea that he was equated with Class-IV post. In fact, the Petitioner has correctly been equated with equal status post of Field Assistant in the same pay-scale and has been promoted twice.

Accordingly, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.