Satyavrat Verma, J.—Heard learned counsel for the petitioner, learned counsel appearing on behalf of Tilka Manjhi University, Bhagalpur and the learned AC to GA-11.

2. The learned counsel for the petitioner submits that the instant writ application has been filed seeking quashing of the order dated 07.04.2012 (Annexure-1) passed by the Vice Chancellor of the University whereby representation dated 23.12.2010 filed by the petitioner in compliance of the order dated 28.09.2010 in CWJC No. 4450 of 2005, seeking restoration of his salary in the pay scale of Rs. 2280 to 4000/- as fixed on 01.01.1986 and thereafter to fix the consequential pay scale with effect from 01.01.1996 onward and to release the difference of salary till 31.05.2011 has been rejected.

3. The learned counsel for the petitioner submits that petitioner was appointed as Typist-cum-Librarian in DSM College, Jhajha, an affiliated college of the University, in the pay scale of Rs. 220-315 on 23.03.1976, the college became a constituent college of the University on 19.04.1982. It is next submitted that petitioner passed his B.A. examination in 3rd Division in the year 1977, thereafter passed his M.A. examination in the year 1980 and obtained Bachelor of Library Science degree in 2nd Division from the University on 17.01.1983. It is further submitted that Vice Chancellor of the University issued order dated 10.05.1984 whereby petitioner was absorbed on the post of Librarian with effect from 13.08.1982 in the scale of Rs. 220-315.

4. The learned counsel for the petitioner submits that thereafter the State Government issued an order contained in Memo No. 446 dated 08.05.1985 (Annexure-3) by which the scale of Librarian, possessing qualification of bachelor’s degree or diploma in library science was revised from Rs. 220-315 to Rs. 850-1360 with effect from 01.04.1983. It is submitted that in pursuance of the Memo dated 08.05.1985, the Principal of the college was directed by the competent authority of the University to send details of the petitioner along with others, accordingly, the Principal of the college sent the details, but the pay of the petitioner was not fixed in the revised scale of Rs. 850-1360. It is submitted that the Government subsequently modified the eligibility regarding minimum qualification for appointment to the post of University Librarian, Deputy Librarian, Assistant Librarian and College Librarian to be master degree in Library science with first or high second class, as was communicated to all concerned by Officer on Special Duty to the Hon’ble Governor by Letter dated 15.07.1986 (Annexure-5), however, the last para of letter dated 15.07.1986 recorded- “The existing incumbents to these posts who hold the qualification as prescribed by the University before this Statute came into force, shall be deemed to be qualified for the posts they are holding.” The learned counsel submits that since petitioner was absorbed in the service with effect from 13.08.1982 vide order dated 10.05.1984 (Annexure-3) as such service of the petitioner was not disturbed after issuance of letter dated 15.07.1986. It is next submitted that the pay scale of the petitioner was fixed in the scale of Rs. 850-1360 in compliance of the order dated 08.05.1985 (Annexure-5) by the Registrar of the University on orders of the Vice Chancellor, but his arrear salary was not paid from 1980 i.e. since the date he had passed his M.A. examination till June, 1990, as would manifest from the letter dated 31.05.1990/22.06.1990 (Annexure-6). It is submitted that the Vice Chancellor thereafter issued notification dated 21/23.07.1990 (Annexure-7) whereby salary of the petitioner was fixed in the pay scale of Rs. 1640-2900 with effect from 01.01.1986, however arrear of salary on account of pay fixation prior to July, 1990 was not paid.

5. The learned counsel submits that the Central Government revised the pay scale of Librarian along with teachers of the University and colleges with effect from 01.01