- (1.) WE have heard Col. (Retd.) R.A. Pandey, learned Counsel for the Petitioners. Learned Standing Counsel appears for State Respondents. Shri U.P. Singh appears for the Respondent -University.
(2.) THE Petitioners were initially appointed as Veterinary Assistant Surgeon and Lecturer in Pathology in the years 1965 and 1962, respectively in the Department of Animal Husbandry, Government of UP through UP Public Service Commission, and were posted in Veterinary College, Mathura. By Government Order dated 6.3.1976 the Veterinary College, Mathura and UP Institute of Agriculture, Kanpur were merged in Chandra Shekhar Azad University of Agriculture and Technology, Kanpur. The employees of the Veterinary College, Mathura were transferred on deputation to the University until they exercise the option of the services in the University. By the Government Order dated 19.7.1983 the services of those, who were not willing to accept the absorption, were dispensed with. The absorption was made with a condition that the service conditions of the Government employees will in no manner be altered to their detriment. The Petitioners were absorbed on 8.5.1985 and 15.11.1983 respectively as Associate Professors w.e.f. 1.9.1978 in the pay scale of Rs. 1200 -1900 upto 31.12.1985, which became Rs. 3700 -5700 from 1.1.1986 . On completing ten years they were granted personal/pay promotion as Professors in the pay scales of Rs. 4500 -5700, which were revised to Rs. 16400 -22400 w.e.f. 1.1.1996. The Petitioners retired as Professors on 3.10.2001 and 7.5.2001 respectively. They were reemployed upto 30.6.2002 and 30.6.2001 respectively.
(3.) BY Government Order dated 30.6.1986 the State Government directed change of service conditions including pay scales and the recovery of excess amount paid to them. In Writ Petition No. 10970 of 1986, filed by similarly situate employees, the High Court by its judgment dated 29.4.1993 set aside the Government Order dated 30.6.1986 on the ground of promissory estoppel, legitimate expectation and violation of principle of natural justice. The Special Leave Petition against the judgment was dismissed. It is stated by Col. R.A. Pandey that those, who had filed the writ petitions, were given benefits of service conditions without restrictions placed by the Government Order dated 30.6.1986. Col. (Retd.) R.A. Pandey, learned Counsel for the Petitioners states that the Petitioners were not aware of the judgment and therefore they filed the Writ Petition No. 7398 of 1995, for same reliefs which was allowed on 2.1.2003 by this Court on the ground that the earlier writ petitions raising same issues and for quashing Government order dated 30.6.1986 were allowed, and against which the Special Leave Petition was dismissed by the Supreme Court.;