2000 INSC 0914
                                        SUPREME COURT OF INDIA

                                                     State of U.P.

                                                           Vs.

                                   U.P. Polytechnic Diploma Shikshak Sangh

                                (M.Jagannadha Rao and Doraiswamy Raju JJ.)

                                                      11.08.2000

                                                       ORDER

1. Leave granted.

2. The High Court passed an order in the following terms:

The petitioner No. 1 is an association of Assistant Teachers in various Government aided
Polytechnics in UP. They are demanding same pay scale as the Assistant Lecturers of Government
Polytechnics and selection grade.

The Supreme Court in State of H.P. v. H.P. State Recognised and Aided Schools Managing
Committees and Ors. , has decreed a similar claim.
Following the aforesaid decision this petition is allowed. The prayer of the petitioner is granted with
effect from the date when the Assistant Lecturers in Government Polytechnics were granted pay
scale and selection grade.

3. This Court on 19.11.99 passed an order, tagging this matter with another SLP. But subsequently,
the said order was recalled. This matter has now once again been listed before us.

4. After hearing Counsel on both sides, we are of the view that the judgment of the High Court is
correct in applying the judgment of this Court in State of H.P. v. H.P. State Recognised and Aided
Schools Managing Committee and Anr. [supra]. In order words, the Assistant Lecturers in
Government aided Polytechnics will be entitled to the same scales as granted to the Assistant
Lecturers in Government Polytechnics.

5. But so far as the period from which above scales and selection grade have to be given, the matter
has been argued before us. The High Court has granted the relief with effect from the date when the
Assistant Lecturers in Government Polytechnics were given selection grade. However, we are
inclined to modify this order. The above scales and selection grade will be granted to the writ
petitioners not from the date as directed by the High Court, but from the date on which the Civil
Misc. Writ Petition No. 36338 of 1995 was filed by the writ petitioners before the High Court.

6. With above modification, the appeal is allowed in part and disposed of in the above terms. There
will be order as to costs.