The court clarified that the Career Advancement Scheme applies to non-teaching staff and directed the university to assess the petitioner's claims for pay-scale and designation changes based on qualifications.

JUDGMENT :

1. Both the writ petitions have been filed by Hriday Prakash Gupta, hereinafter described as petitioner, claiming seniority, promotional pay-scale and change of nomenclature of his post.

2. For sake of convenience, I propose to narrate the facts stated by the petitioner in C.W.J.C. No. 5641 of 2021. The petitioner was appointed as Physical Training Instructor (PTI) on 5th of August, 1985 on the sanctioned post in Mahila College, Dalmianagar in the district of Rohtas. He joined the said college as Physical Training Instructor on 6th of August, 1985. In the year 1985, the college was taken over as a constituent unit of Magadh University, Bodh Gaya. Subsequently, after establishment of Veer Kunwar Singh University, Ara, the aforesaid college came under the jurisdiction of Veer Kunwar Singh University, Ara. The petitioner's service was regularized w.e.f. 6th of August, 1985. Subsequently, he passed B.P.Ed (Bachelor of Physical Education) from Nagpur University on 28th of June, 1991. He obtained Post Graduate degree on 20th of May, 1994. The University Grant Commission (UGC) revised the pay-scale of PTI to Rs. 700-1600/- w.e.f. 1st of April, 1980 by an order, dated 15th of February, 1982. Subsequently, on 22nd of July, 1988, the U.G.C. revised pay-scale of Physical Education Personnel for maintenance of standards in higher education. In the said order, dated 22nd of July 1988, a formula was delineated for fixation of revised scale of pay of PTI. Further, it was directed that the pay-scale of PTI would be the same as that of the approved Teacher. Vide Annexure - 6, dated 29th of May, 1992, the Joint Secretary, Government of Bihar accepted U.G.C. pay-scale of PTI. Subsequently, on 18th of August, 1993, the Registrar of Veer Kunwar Singh University also accepted U.G.C. pay-scale on and from 20th of March, 1993. The Registrar accepted the pay-scale of Rs. 2200-4000/- w.e.f. 20th of May, 1994.

3. It is the case of the petitioner that as he passed BPEd on 28th of June, 1991 and he is entitled to the said pay-scale on and from the date of BPEd examination. But he was granted the pay-scale of Rs. 2200-4000/- w.e.f. 20th of May, 1994, whereas others were given the said benefit from the date of acquiring qualification. Subsequently, by virtue of Annexure - 10, dated 19th of February, 2009, the petitioner's pay-scale was revised to Rs. 8000-13500/- w.e.f. 1st of January, 1996 and thereafter Rs. 15600-39100/- with pay band of Rs. 6000/- w.e.f. 01.01.2006.

4. Further case of the petitioner is that by virtue of the letter dated 15th of December, 1982, the State Government accepted the proposal of the U.G.C. that the designation of PTI would be Director / Assistant Director of Physical Education and another university in the State of Bihar, namely, B.R. Ambedkar Bihar University, Muzaffarpur issued an order, re-designating the Physical Instructors as Director, Physical Education. In case of Veer Kunwar Singh University, the Respondents did not re-designate the petitioner as the Director of Physical Education.

5. Further grievance of the petitioner is that by issuing a letter dated 19th of October, 2006 (Annexure - 12), the Joint Secretary, U.G.C. informed the Registrars with the Ministry of Human Resources Department vide its letter dated 22nd of September, 2006 approved the revised Career Advancement Scheme for the Assistant Librarian, College Librarians, Assistant Director of Physical Education, College Director of Physical Education. The revised scheme as approved by the Ministry of Human Resources Department was clearly stated in letter dated 19th of October, 2006. However, the petitioner was not paid in accordance with the direction of the said letter, dated 19th of October, 2006.

6. It is contended on behalf of the petitioner that by order dated 27th of August, 2010 (Annexure - 15), the Bihar Human Resources Development Department, Government of Bihar, revised the pay-scale of the officers and non-teaching staff of the university and c