ARUN PALLI, J. - (1.) IN exercise of power under Rule 10 of the Delegation of Financial Powers Rules, 1958, the Chief Commissioner, Chandigarh was pleased to accord sanction to start a Diploma Course in Yoga, for the session 1976 -77, at Yoga Health Centre, Chandigarh. Sanction was also accorded for creation of two posts of lecturers i.e. (i) Lecturer in Psychology/Philosophy; and (ii) Lecturer in Bio -Chemistry, in the scale of Rs.300 -600. A formal order in this regard was issued by the Finance Secretary, U.T.,
(2.) CHANDIGARH on 04.01.1977. An advertisement was made by the Department of Sports, Chandigarh Administration, vide which applications were solicited from the eligible candidates to fill up the aforesaid two posts. Likewise, another advertisement dated 18.07.1977 was issued for the purpose of making admission to Diploma Course in Yoga. The petitioners competed for selection against the said two posts and having been selected, petitioner No.1 was appointed as a Lecturer in Psychology/Philosophy in Yoga & Health Organization, Sector 23, Chandigarh in the scale of Rs.300 -600, vide letter dated 04.11.1977. Similarly, petitioner No.2 was also appointed as Lecturer in Bio -Chemistry in the scale of Rs.300 -600, vide letter dated 23.02.1977. Briefly, the case set out by the petitioners has been that they were appointed as Lecturers at Government Yoga & Health Organization, Chandigarh, which is a part of Government College of Education, Sector 20, Chandigarh. They worked under the administrative control of Principal of the said College. The names and designation of the petitioners duly find mention in the list of the staff members given in the prospectus of the said College every year. Not just that, they were assigned duties of teaching theory and practical both to the students admitted every year by the Government College of Education, Chandigarh. They further claim that all rules and regulations regarding fees, admissions, examinations are similar in nature and character vis -a -vis B.Ed. and B.Ed. (Yoga) students. That being so, the petitioners made representations for affording them the pay scale of College Lecturer. As not granting the said scale had caused manifest injustice to the petitioners. The representations made by the petitioners were considered and rejected vide order dated 25.08.1988 (Annexure P -8). The reasons assigned in support of the rejection were that since the qualifications for appointment to the post of Lecturer in the State Yoga & Health Organization, U.T., Chandigarh are equal to those of school Lecturer and not the college Lecturer, the prayer for granting the pay scales of college cadre could not be accepted.
(3.) IT was in the background of the afore -narrated facts, the petitioners approached the Central Administrative Tribunal (for short, 'the Tribunal') vide O.A. No.772/CH/1992 and prayed for the following reliefs: "(i) The impugned orders Annexures A/1, A -1/A and A/8 be quashed; (ii) The respondents be directed to grant the pay scale of the College Lecturer to the applicants to which they are legally entitled from the date of their appointments; (iii) Refix the pay of the applicants in the pay scale of College Cadre and grant all consequential reliefs to the applicants like seniority and arrears of salary as a result of refixation of pay." ;