S.J.Mukhopadhaya, J.

1. In this writ petition, the main question arises as to whether the non-teaching employees of Universities of State of Bihar, including Patna University, are entitled for time-bound promotion or not as stipulated with respect to similarly situated Government of Bihars employees.

2. The writ petition was originally filed by the two petitioners for arrears of salary, in the revised scale of pay in view of second time bound promotion already granted in their favour. Further prayer was made for revised post retirement benefits on the basis of such order of second time bound promotion.

3. During the pendency of the writ petition, the respondent-State came out with one notification dated September 15, 1995, by which it was decided not to allow time bound promotion policy with respect to non-teaching employees of Universities. The petitioners have challenged the said Order No. 1494 issued vide notification dated September 15, 1995, by one amendment petition.

4. So far as the service history of the petitioners are concerned, it shows that the petitioners were appointed as L.D. Assistant (now known as Assistant) in the Patna University on January 4, 1961 and January 6, 1961 respectively. Subsequently, by one notification dated December 27, 1963, they were confirmed from their initial date of such appointment i.e. January 4, 1961 and January 6, 1961 respectively. While in service, there being no avenue of promotion against any one or other higher post, the respondent-Patna University from their end made time bound promotion policy of the State Government applicable with regard to the non-teaching university employees. A number of non-teaching employees were granted such time bound promotion. By one notification dated November 30, 1987, the petitioners were granted higher grade (junior selection grade of Assistant), by way of first time bound promotion with effect from April 1, 1981, but it was stipulated that the arrears of salary was to be paid with effect from October 1, 1987, The petitioners were actually provided with arrears of salary for about 1/2 years, but the balance amounts were not released. Subsequently, a number of non-teaching employees, including those who were junior to the petitioners as Assistant, their cases were considered for second time bound promotion (two senior selection grade scale of the post of Assistant) and they were granted such 2nd time bound promotion to next higher grade with effect from April 1, 1987. The case of petitioners having not considered, they represented, but before any decision on the same, the petitioners retired. The petitioner No. 1 retired from the services of the University on February 28, 1988, whereas petitioner No. 2 retired on November 30, 1988, having attained the age of 60 years. After retirement of petitioners, their pensions were not finalised, the provisional pension payment orders were issued. Subsequently, the respondent-Patna University again considered the cases of number of non-teaching employees, including juniors to the petitioners for second time bound promotion to senior selection grade scale. By notification dated August 29, 1989, juniors were granted such second time bound promotions to senior selection grade scale of Assistant with effect from April 1, 1984. They were also provided with arrears of salary. This time again the cases of petitioners were not considered. Ultimately, the University considered the cases of petitioners for such second time bound promotion to senior selection grade scale. By one notification dated February 20, 1991, both the petitioners were granted promotion to senior selection grade scale with effect from April 1, 1984, along with others. Though the petitioners were so promoted, by way of second time bound promotion, but arrears of salary were not released. When the petitioners represented for such arrears of salary and appropriate revision of post retirement benefits on the basis of such second time bound pro