Points Of Law : Any amounts paid to appellants under order of the Principal dated or even under the order of learned Single Judge (if any) will not be sought to be recovered from appellants.

JUDGMENT

Sanjay Kishan Kaul, J. - An endeavour made by the Respondent-State to give uniform pay scales to Upper Division and Lower Division Assistants/Clerks working in the University in the then State of Bihar has given rise to this prolonged litigation which began in the year, 1998.

2. The Government issued a letter No. 373 dated 28.07.1981 providing for a merger of pay scales only of Lower Division Assistants/Clerks with the pay scale of Upper Division Assistants/Clerks staff of Patna University. Since this is the basic document from which the dispute arises, it would be appropriate to reproduce this letter as under:

in connection with the sanction of merger scale to lower division and upper division assistants in your University and sanction of senior scale (Rs. 348-570) to all the categories of posts in the scale of Rs.260-408/-, 296-460/- and Rs.340-490/-with effect from 1.3.1977 along with pay fixation benefits in accordance with F.D. letter No. 4144 dated 16.3.1977.

You are aware that Government have sanctioned merger scale to only such categories of post as have two or more scales for the senior and junior incumbents. It is not that any category of Post which has a particular scales that has been merged with a higher scale got upgraded to the same even if the higher scale is not there for that category of post.

As such, in conformity with the Government policy in this regard, only such category of posts assistants as have a junior scale of Rs.260-408/-and senior scale of Rs. 348-570/-or a junior scale of Rs. 296 -460/ - or Rs. 340-490/- and senior scale of Rs. 348/- 570/- can alone be merged with the scale of Rs. 348-570/-. The scale of Rs. 348-570/- cannot be given to any other category of post which is in the scale of Rs. 260-408/-, Rs.296-460/-, Rs. 340-490/- without there being a senior scale of Rs. 348-570/- for such post from before.

I may further point out that Government have merged L.D (Rs. 260-408/-) and U.D. (Rs.348-570/-) scales only four Secretariat and attached offices. This kind of merger has not been allowed for employees of the field offices. In line with the same, this kind, merger cannot be made applicable to the assistants in the constituent colleges. Any revision in their scales shall be possible only after the publication of the Fourth Pay Revision Committee report and in its acceptance by the Government.

The merger scale to the various categories of assistants may be granted subject to the condition of aforesaid with effect from 1 st July 1989. Their pay fixation may be made in pursuance of F.D. letter No. 4144 dated 16.3.1977 subject to the condition that no arrear shall be paid until the Finance Department have concurred in the proposal.

Sd/- K.N. Aradhanareeswaran

28.7.81"

3. A bare reading of the aforesaid letter would show that some clarifications were sought in respect of this merger issue and the letter dated 28.07.1981 gave absolute and clear elucidation to the effect that the sanction was only for :

a) Such categories of posts as have two or more scales for senior and junior incumbents;

b) It is not that any category of post which has similar scales that have been merged with the higher scale but upgraded to the same even if the higher scale is not there for that category of post;

c) It is applicable only to such category of posts assistants as having a junior scale of Rs. 260-408/- and senior scale of Rs. 348-570/- or junior scale of Rs. 296-460/- or Rs. 340-490/- and senior scale of Rs. 348-570/- can alone be merged with the scale of Rs. 348-570/-. The scale of Rs. 348-570/-cannot be given to any other category of post which is in the scale of Rs. 206-408/-, Rs. 296-460/-, Rs. 340-490/- without there being a senior scale of Rs. 348-570/- for such post from before;

d) The merger of the Lower