DEVINDER SINGH DHULL Vs. MAHARISHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) This is a petition by three persons, namely, Devinder Singh Dhull, Shakuntla Devi and Ravinder Singh Rana, under Art. 226 of the Constitution, seeking the release of pay scale of Rs. 2200-4000.

(2.) Petitioners No. 1 and 2 joined the service as Assistant Sports Officers in the Maharishi Dayanand University, Rohtak in March, 1992. Petitioner No. 3 was appointed in a Boxing Coach on Oct. 31, 1991. The post of of Assistant Sports Officer was later on designated as Assistant Director, Sports. The State Government of Haryana took a decision that Assistant Sports Officers and the Sports Coaches of the Kurukshetra University shall be granted the same pay scale as were available to the Director, Physical Education. The matter was placed before the Executive Council, which on Dec. 9, 1993, took a decision to revise the pay scale of Assistant Sports Officers and Sports Coaches from Rs. 1640-2900 to Rs. 2200-4000. A condition was put that the incumbents shall have to fulfil the prescribed qualification before claiming the revised pay scale. However, another condition was also incorporated that the revision of pay scale was subject to the confirmation by the State Government.

(3.) The petitioners' case is that the second condition regarding confirmation by the State Government was unnecessary. Since the State Government had taken a decision to grant the revised pay scale, there was no necessity to seek confirmation from the State Government after the Executive Council took a decision for the purposes of revision of the pay scale. The petitioners fulfilled the condition regarding qualification. The University requested the Director, Higher Education, Haryana, vide letter dated June 18, 1994, to accord approval. Since no approval was conveyed by the State Government, the petitioners filed representation before the University for the grant of revised pay scale. It was, however, not granted on the plea that decision from the State Government has not been received.