KABINDRA NATH RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Ravi Prakash Srivastava for the petitioners. Shri Pankaj Naqvi appears for the Banaras Hindu University and Shri Chandra Prakash Gupta appears for Union of India.

(2.) IN Writ Petition No. 26071 of 2008 the petitioner was appointed as Basket Ball Coach in the scale of Lecturer in Banaras Hindu University, Varanasi. The pay was revised on 8. 9. 1984. After completing eight years he was promoted to senior scale on 18. 7. 1989. The petitioner was awarded Ph. D. IN. Physical Educa tion on 5. 8. 2003. All the Physical INstructors were given designation of Asstt. Director, Physical Education on 29. 8. 2003. The petitioner retired on 31. 8. 2003 serving as Asstt. Director, Physical Education.

(3.) AT the time of their retirement all the petitioners were serving as Lecturer in senior scale. It ap'pears that some of the lecturers still serving as Lecturer in senior scale (redesignated as Asstt. Director in Physical Education) were given higher pay scale, which compelled the petitioners to make representation to the Vice-Chancellor and Chairman of the Executive Council for implementation of GOF No. I-9/99-U. II for giving promotion in the selection grade of Rs. 12,000-18,300 w. e. f. 27. 7. 1998. These representations were rejected by the University by the communication given by Asstt. Registrar (Admn)- l dated October 6th, 2007 on the ground that they cannot be placed in the grade of Rs. 12,000-18,300/- w. e. f. 27. 7. 1998 provided for Asstt. Director (Selection Grade) on the ground that they have retired from the University service and have not faced interviews for placement as Asstt. Director (Selection Grade) while they were in service. Aggrieved the petitioners have filed these writ petitions.