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(v) According to the petitioners, earlier, as per 5th Pay Commission Regulation 2000 prescribed for All India Council for Technical Education, the qualification for the post of Assistant Professor is Ph.D., degree with first class in Bachelor's or Master's level in the appropriate branch of Engineering/Technology with 3 years experience in Teaching/Industry/Research at the level of Lecturer or equivalent. It is only with the above said requirement, direct recruitment was made in the second respondent University under various notifications and number of persons were appointed directly as Assistant Professors between 01.01.2006 and 05.05.2010 in the pay scale of Rs.12000-420-18300 (pre-revised) and Rs.15600-39000+8000 (revised scale) for three years and thereafter they were placed in the Associate Professor pay scale of Rs.37400-67000+AGP9000 as per UGC Regulationhs on Minimum Qualifications for Appointment of Teachers and other academic staff in Universities and Colleges. It is the contention of the petitioners that by virtue of GO Ms. No.95 dated 05.05.2010, the sixth Pay Commission recommendations were given effect to in the second respondent University i.e., from 01.01.2006 to 05.05.2010 and during this period, recruitments were made according to the qualifications prescribed by UGC Regulations, 1996 and AICTE Regulations, 2000. Thus, from 01.01.2006 to 05.05.2010, several persons working in the second respondent University as Lecturer Selection Grade/Assistant Professor with Ph.D., degree got promotion under CAS and re-designated as Associate Professor and placed in the scale of Rs.37400-67000+AGP9000 as per the UGC Regulations, 2010 and AICTE Regulations, 2010 after they completed 3 years of service as Lecturer Selection Grade/Assistant Professor. Subsequently, as per the clarifications issued by the UGC and AICTE regarding the fixation of pay band for the Readers/Assistant Professors appointed on or after 01.01.2006 till 30.06.2010, clarifying that the Readers/Assistant Professors appointed on or after 01.01.2006 till 30.06.2010 shall move to pay band -4 with Academic Grade Pay of Rs.9000 after completing three years of service without insisting on the requirement of API based PBAS System. According to the petitioners, it is also applicable to the Lecturers (Sleection Grade) who were given promotion during this period. In the above circumstances, the first respondent issued the impugned Government Order dated 18.11.2015 with reference to the second respondent-University fixing the revision of pay and re-designation of post as Associate Professors to the directly recruitted Readers/Assistant Professors from the date of appointment, which is contrary to the UGC Regulations, 2010, AICTE Regulations as well as the clarifications issued by the University Grants Commission on 04.08.2015. According to the petitioners, as per AICTE Regulations, 2010, the REaders/Assistant Professors recruitted during the period from 01.01.2006 to 05.05.2010 are based on the qualifications and experience required for Readers/ Assistant Professors (pre-revised) and these qualifications, experiences and other eligibility conditions are not equivalent to the post of Associate Professor (revised) as per the 6th Pay Commission regulations. Therefore, the revision of pay given to the directly recruitted Readers/Associate Professors without insisting the 3 years experience in the pay scale of Rs.12000-42-18300 (pre-revised) and Rs.15600-39100+AGP8000 (revised scale) is illegal and without jurisdiction.

3. The learned counsel for the petitioners would contend that those who were recruitted as Readers/Assistant Professors with the very same qualification before 31.12.2015 and those promoted under the CAS and re-designated as Readers/ Assistant Professors from 01.01.2006 to 05.05.2010 were not given the same benefit which is now given to the directly recruitted Readers/Assistant Professors from 01.01.2006 to 05.05.2010. As per the UGC Regulations, 2010 and AICTE Regulations, 2010, those directly recruitted Readers/Assistant Professors have to be placed in the pay band of Rs.15600-39100+AGP8000 whereas their scale of pay was fixed in the pay band of Rs.37000-67000+AGP 9000 notionally from 01.01.2006 with monetary benefit from 01.01.2007. Further, as per GO Ms. No.95 dated 05.05.2010, the directly recruitted Readers/Assistant Professors have to complete three years of service in the pay scale of Rs.12000-420-18300 (Pre-revised) with pay band of Rs.15600-39100+67000+AGP9000 (revised) and after completion of three years, they will have to be placed in the pay band of Rs.37400-67000+AGP 9000 without insisting the 300 points in the Academic Performance Indicator (API) based on PBAS System. The API will be calculated based on the performance of the candidates and their ability by conducting interview inasmuch as the directly recruitted Readers/Assistant Professors are possessing Ph.D. for which relaxation was given in the UGC Regulations 2010 with effect from 30.06.2010 itself. Whereas, a Lecturer (Selection Grade)/Assistant Professor promoted under the CAS as Associate Professor was given the pay band of Rs.37400-67000+AGP9000 after completion of three years in the pay band of Rs.15600-39000+AGP8000.