Markandey Katju, J. - (1.) THE petitioners were appointed as Demonstrators in Allahabad Agricultural Institute which is an associated College of Allahabad University Petitioners Nos. 1, 2 and 3 were appointed on 25 -8 -71, 3 -11 -71 and 15 -7 -72 respectively. All the petitioners have Doctorate degrees. It is alleged in paragraphs 5 and 20 of the writ petition that the work being performed by Demonstrators has been the same as the work performed by the Lecturers in the Agricultural Institute. However, the pay scales of the Demonstrators was less than that of Lecturers until the G.O. dated 1 -10 -83 had granted the same pay scale of Rs. 700 -1600 which was the pay scale of Lecturers. A true copy of the G.O. dated 1 -10 -83 is Annexure -2 to the writ petition. Subsequently, the Government issued a G.O. dated 3 -7 -89 which is Annexure -5 to the writ petition. This G.O. granted the designation of. Lecturers to the Demonstrators retrospectively from 1 -1 -1986. The petitioners' grievance is that the grant of designation of Lecturers only from 1 -1 -86 to the Demonstrators is arbitrary and highly prejudicial to the Demonstrators. It is alleged in paragraph 14 of the writ petition that consequence of limiting the designation of Demonstrators as Lecturers only with effect from 1 -1 -86 has deprived the former Demonstrators of the benefit of grant of selection grade in the pay scale of Lecturers under the G.O. dated 12 -12 -83 and 3 -2 -84 (Annexurer -3 and 4 to the writ petition). The G.O. dated 12 -12 -83 granted selection grade to Lecturers of Degree Colleges who had put in 16 years continuous service, or 13 years continuous service with Ph.D. On 7 -1 -1989 the State Government issued a G.O. (Annexure -6 to the writ petition) granting three separate pay scales viz., Rs. 2,200 -4,000, Rs. 3,000 -5,000 (senior scale) and Rs. 3,700 -5,700 (selection grade). The Lecturers who had been granted selection grade under the G.O. dated 12 -12 -83 and 3 -2 -84 were entitled to the new selection grade of Rs. 3,700 -5,700. The senior scale of Rs. 3,000 -5,000 was admissible to the Lecturers who had put in 8 years continuous service or five years service with Ph.D. and the remaining categories of Lecturers were only in the pay scale of Rs. 2,200 -4,000. The petitioners have been granted the pay scale of Rs. 2,200 -4,000 and they are aggrieved against that. Their grievance is that their services as Demonstrators have not been counted for calculating their seniority as Lectors for the purposes of grant of pay scale. The petitioners made several representations but no avail. Aggrieved the petitioners have filed this writ petition.
(2.) THE Agricultural Institute has been served with the notice of the writ petition and a Vakalatnama has been filed by Sri J. Nagar, Advocate on behalf of the Institute. Sri Nagar appeared before me and stated that he has instructions not to oppose the petition. A counter -affidavit has been filed on behalf of the State Government, and I have perused the same. The allegation made in paragraph 5 of the writ petition that the petitioners have been doing the same work as Lecturers has not been disputed. However, it has been alleged in paragraphs 5 and 6 of the counter -affidavit that the petitioners were not granted designation of Lecturers upto 31 -12 -85 and hence, they are not entitled to count their services as Demonstrators for the purposes of fixation of pay scale.
(3.) A rejoinder affidavit has been filed. Annexure RA -3 is a copy of the letter of the Principal in which the Principal has supported the case of the Demonstrators. In the said letter the Principal has mentioned that the petitioners are teaching under graduate as well as post graduate classes, and even guiding post graduate thesis work.;