JUDGMENT :

Rohit Ranjan Agarwal, J.

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:-

"(A). Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 22.01.2016 passed by respondent no. 1, The Principal Secretary, Agriculture and Research, Government of Uttar Pradesh, Lucknow.

(B). Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to fix the salary of the petitioners as Lab Technicians in the Sardar Vallabh Bhai Patel Agricultural and Technical University Meerut, in the pay scale of Rupees 5000-8000 with effect from 01.01.1996 or from the date of their appointment whichever is later and to ensure payment of the same on monthly basis;

(C). Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to ensure payment of the same on monthly basis together with arrears of salary with interest @18% per annum consequent upon fixation of their salary in the pay scale of Rs. 5000-8000 with effect from 01.01.1996 or from the date of initial appointment whichever is later;"

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.

4. The recommendations of the 5th Pay Commission was accepted by State Government and Principal Secretary (Finance) on 10.07.1998 directed for revision of the pay scale of Rs.1400-2600 with the corresponding pay scale of Rs.5000-8000. The said pay scale stood revised from 01.01.1996, copy of the Government Order dated 10.07.1998 is on record as Annexure-3 to the writ petition. Pursuant to that Pant Nagar University also revised the pay scale of teaching and other staff, and on 24th July, 1998 the Finance Controller issued a letter to the said effect which is on record as Annexure-4 to the writ petition.

5. Petitioners who are Lab Technicians working at Agriculture University, Meerut were paid salary in the pay scale of Rs.4500-7000 instead of pay scale of Rs.5000-8000 which had already been revised as per the recommendation of 5th Pay Commission and accepte