- (1.) WE have heard Shri S.C. Srivastava, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the respondents.
(2.) ALL the petitioners were working as teachers and principals in State Degree Colleges and Post Graduate Colleges. The petitioner no. 1 retired on attaining the age of superannuation on 30.6.1990; the petitioner no. 2 retired on 31.12.1986; the petitioner no. 3 retired on 30.6.1987; the petitioner no. 4 retired on 30.6.1989; the petitioner no. 5 retired on 30.6.1995 and the petitioner no. 6 retired on 30.6.1998. By this writ petition the petitioners have prayed for directions to provide them the pay scales of Principal of Degree Colleges and Post Graduate Colleges with effect from the date Smt. Rajni Singh was given promotion on the post of Principal.
(3.) IT is submitted by learned counsel for the petitioners that Shri Surendra Nath Mishra filed a Writ Petition No. 10520 of 1988 in the Lucknow Bench of this Court. By judgment dated 21.7.1994 the Division Bench of this Court in Surendra Nath Mishra vs. State of UP and others, (1995) 1 UPLBEC 295, found that the lecturers recruited by the Commission for appointment in the Post Graduate Colleges prior to June 5, 1972 shall be senior to the lecturers appointed by the Commission in Degree Colleges. The Court found that Rule 20 (1) (c) of U.P. Higher Education (Group -A) Services Rules, 1985 is not retrospective in nature, but in effect it relates back to 05.6.1972, meaning thereby a Lecturer appointed by 04.6.1972 in the Post Graduate College would be senior to the Lecturer, who was appointed in Degree College. Rule 20 (1) (c) of the Rules of 1985 was declared as ultra vires and unconstitutional. A writ of mandamus was issued to place the name of the petitioner in the seniority list and accordingly a direction was issued to determine the seniority.;