JUDGEMENT
Amol Rattan Singh, J. -
(1.) These two appeals have been filed by the appellant University against the judgment of the learned Single Judge, dated 11.05.2015, allowing CWP No. 3874 of 2010 and CWP No. 20522 of 2013. The facts were taken by the Single Bench from CWP No. 3874 of 2010, the issue being the same in both cases.
The three respondents (two in LPA No. 1277 of 2015 and one in LPA No. 1278 of 2015), are working as Sports Coaches in different disciplines, i.e. athletics, basketball and hockey, having been recruited as such in the year 1983. The two respondents in LPA No. 1277 of 2015 have also obtained a degree of Ph.d. in the subject of Physical Education.
(2.) At the time of their entry into service, they were given a pay scale of Rs. 800 -1400 and thereafter, after the recommendations of the Pay Commission, the petitioners were granted in 1996, the revised pay scale of Rs. 2200 -4000 w.e.f. 01.01.1986. This pay scale was the same that was granted to Lecturers with effect from the said date, though granted to the petitioners more than ten years later.
Thereafter, on 24.01.2000, the pay scale of the petitioners was revised to Rs. 8000 -13500 w.e.f. 01.01.1996, which was again the same pay scale as was being given to Lecturers.
As seen from the writ petitions filed before the learned Single Judge and the reply thereto, filed by the University, these facts have not been specifically denied.
(3.) The pay scales of Lecturers were thereafter revised w.e.f. 01.01.2006 and that cadre was granted a pay scale of Rs. 37400 -67000+ Additional Grade Pay (AGP) of Rs. 9000. This scale has not been granted to the petitioners, by which they are essentially aggrieved.
In addition, they had also prayed in the writ petition before the learned Single Judge, that they be given the Senior Scale as was admissible to Lecturers w.e.f. 1991, selection grade w.e.f. 1998 and the higher scale of Professors w.e.f. 2006, alongwith the interest thereupon.
They had further prayed that a writ of mandamus be issued directing the University to create at least one promotional avenue for Sports Coaches. The contention was that though there was a single avenue of promotion to the post of Assistant Director, Sports, there were only two such posts available in the University, thereby causing complete stagnation in the cadre. In this regard, they had placed reliance upon the case of Dr.(Ms.) O.Z. Hussain v/s. Union of India : 1990 (Supp.) SCC 688.;
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