JAYANTA KUMAR BISWAS, J. - (1.) THE appellants in the MAT are aggrieved by a single Judge judgment and order dated February 10, 2014 allowing a WP of the first respondent (Sri Swapan Kanti Paul) No.1625 (W) of 2013 under Article 226 of the Constitution of India.
(2.) THE single Judge commanded the appellants to grant Swapan the relief he sought in prayer (b) of his WP. The prayer is quoted below: "b) A writ and/or order or orders and/or directions in the nature of a writ of Mandamus commanding the Respondents, their employees, agents, subordinates and other assignees to extend the benefits of scale of pay of Rs.700 -1600/ - as revised Rs.2200 -4000/ - w.e.f. 1.4.1980 and the corresponding revised scale of pay including Career Advancement Scheme to the petitioner which has already given to the Private Respondent after superceeding the petitioner who is much more junior than the petitioner."
(3.) THE Jadavpur University published an employment notice dated May 14, 1976 inviting applications, inter alia, for one post of Junior Physical Instructor in Rs.125 -360 pay scale. In response to the notice Swapan applied. By a letter dated December 21, 1977 the University offered him an appointment to the post of Junior Physical Instructor in Rs.125 -360 pay scale. Swapan accepted the offer. Accordingly, he was appointed to the post in the scale. The University published an employment notice dated May 13, 1985 inviting applications for one post of Physical Instructor in Rs.550 -1160 pay scale. The last date for receiving the applications was fixed for June 10, 1985. It is nobody's case that through the process initiated by the employment notice dated May 13, 1985 anyone was appointed in the University to the post of Physical Instructor in Rs.550 -1160 pay scale.;