GUNA NAND KHAN Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) The present win petition was moved on behalf of Guna Nand Khan and three others, inter alia, praying for issue of writ in the nature of mandamus commanding the Respondents to act in accordance with law and to grant pay scale of Rs. 330 -480 with effect from August 2, 1980, or from the date of joining of the Petitioners Nos. 1 to 3 in service in terms of approval (Serial No. 12) made by the 72nd Board of Governors' meeting of the institution held on August 2, 1980 (as per Annex. A)., which had been duly implemented by the Institute authorities in case of Mr. Tapan Kumar Sarkar, a Field Officer, by appointing him in the prescribed pay scale of Rs. 330 -480 (as per Annex. B to the petition).

(2.) In the present writ petition, the writ Petitioners had also prayed for writ in the nature of mandamus commanding the Respondents to upgrade the Petitioners as 'Senior Field Assistant" (equivalent to Senior Mechanic) and to place them in the pay scale of Rs. 350 -560 with retrospective effect from July 1, 1982, in pursuance of the cadre rationalisation approved by the 79th 'Board of Governors' meeting (Serial No. 10) held on December 20/21, 1982 (as per Annex. D to the writ petition), having been duly recommended by a High Level Committee (as per Annex. H) in favour of the Petitioners and duly agreed by the Respondent No. 1, the Director I.I.T. Kharagpur, and for other incidental reliefs.

(3.) The writ petition was moved before Kalyanmoy Ganguli J. on May 14. 1991, when direction for affidavits was passed.