SUDHIR AGARWAL,J. - (1.) HEARD Sri Hemant Kumar, learned counsel for the petitioner and Smt. Sunita Agarwal, learned appearing for the respondents.
(2.) THE petitioners have sought a writ of mandamus commanding the respondents to grant them IInd Upward Movement in pay scale of Rs. 8000-13500 pursuant to recommendation of 5th Pay Commission dated 01.01.1995 and also pay arrears of salary and consequential benefits. The petitioners no. 1 to 4 are working as Semi Professional, M.A. Library, Aligarh Muslim University (hereinafter referred to as the "University") and the petitioner no. 5 is working as Technical Assistant in the University. Ist Upward Movement was allowed to non teaching, teaching and library staff of the University vide circular dated 24.03.1986 pursuant to the recommendation of Joint Committee of Cadre Review Committee of Central University and the same was granted to petitioners w.e.f. 01.01.1986. Thereafter the restructuring of pay scale was approved by the respondent no. 1 vide memo dated 07.01.1997 and it was decided to implement the second upward movement to the staff of the University which included the petitioners' cadre also. Pursuant to the said decision the petitioners submitted their application for IInd Upward Movement in February, 1997 but it appears that later on pursuant to some direction from University Grants Commissions (hereinafter referred to as the "UGC") the IInd Upward Movement was stopped vide circular dated 10.10.1997.
(3.) THE contention of the petitioners is that most of the staff of the University were granted IInd Upward Movement and it is only the petitioners who have been singled out. In para 9 of the writ petition it has been specifically said that the respondents-University granted IInd Upward Movement to the most of the employees to have applied.;