MANOJ KUMAR SENGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Bhushan, learned Senior Advocate assisted by Sri Subhendra Singh, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 and 2 and Sri P.K. Ganguly, learned counsel for respondent nos. 3, 4 and 5.

(2.) Petitioners who are ten in number have filed this writ petition for the following reliefs:-

(3.) Brief facts giving rise to the present petition are that Pt. Govind Ballabh Pant Agriculture and Technical University, Pant Nagar, Nainital (hereinafter referred to as 'Pant Nagar University') was constituted and created under U.P. State Agricultural Universities Act for imparting education and research work in technical field of agriculture within the State of U.P. After the reorganisation of the State of U.P. on 09.11.2000, the University came within the limits of newly created State of Uttarakhand. To carry out work of imparting education and technical research in agriculture, one 'Sardar Vallabh Bhai Patel Agricultural and Technical University, Meerut (hereinafter referred to as 'Agricultural University, Meerut') was established on the lines on which the Pant Nagar University was created and constituted. It has been stated that some staff of Pant Nagar University was transferred and absorbed in Agriculture University Meerut. Post of Lab Technicians was created and sanctioned for both the Universities by the State of U.P. The ten petitioners before this Court are working on the post of Lab Technicians at Agriculture University, Meerut. According to petitioners, after the acceptance of recommendation of 4th Pay Commission, pay scale of Lab Technicians was revised and fixed at Rs.1400-2600 with effect from 01.01.1986. It is further stated that the Chancellor granted no objection for creation and sanction of the post of Lab Technicians in the pay scale of Rs.1400-2600 before the creation of new State of Uttarakhand on 23.02.1998, copy of the Government Order is on the record as Annexure-2 to the writ petition.