By the Court.—We have heard Shri Shailendra, learned counsel for the petitioner. Shri Ajay Singh appears for the University. Shri V.K. Upadhyay appears for the University Grants Commission.

2. This writ petition is directed against the decision of the Executive Committee of Banaras Hindu University, Varanasi dated 8th/9th January, 2003, rejecting petitioner’s representation dated 13.3.2001; and for a direction to the University authorities to consider the petitioner for promotion to the post of Professor under MPS 86 for which he had given option in 1998 and his claim to be treated as eligible for promotion w.e.f. 1995. He has also prayed for consequential relief of arrears of salary and fixation in the pay scale from the date of his entitlement.

3. The petitioner had earlier filed Writ Petition No. 21250 of 2001, which was disposed of by this Court on 25.5.2001 to decide his representation. The Executive Council by its resolution No. 128 communicated to the petitioner on 8th/9th January, 2003 rejected the petitioner’s representation. The resolution “ECR 128 at Item 14” is quoted as follows :

“ECR128

ITEM 14

CONSIDERED the orders dated 25.5.2001 of the Hon’ble High Court, Allahabad on the Writ Petition No. 21250 filed by Dr. R.N. Singh, Reader, Department of Chemistry, BHU to decide the petitioner’s representation dated 13.3.2001 and letter dated 30.1.2001.

The Hon’ble High Court, Allahabad has passed the following orders in the Writ Petition No. 21250 dated 25.5.2001 filed by Dr. R.N. Singh, Reader, Department of Chemistry, BHU

“The petition is disposed of with the directive to the authority concerned to decide the petitioner’s representation dated 13.3.2001 (Annexure 10 to the Writ Petition) preferable within 8 weeks from the date of production of certified copy of this order in accordance under the law.”

Since the case could not be disposed of by the University within the time stipulated by the Hon’ble High Court, Dr. Singh filed a contempt writ No. 2704 of 2001. The Hon’ble High Court passed the following orders on 21.11.2001:

“Issue notice to opposite parties calling upon them as to why the contempt proceedings shall not be initiated against them by not disposing of the representation of the petitioner dated 13.3.2001 as directed by the Court on 25.5.2001.

Opposite parties need not appear in person, if represented through counsel.”

Dr. R.N. Singh, aforesaid, was appointed as Temp. Lecturer in the Department of Chemistry w.e.f. 31.8.1979 followed by substantive appointment w.e.f. 21.12.1981. He was subsequently confirmed on 1.4.1983. He was placed in the Sr. scale w.e.f. 1.1.1986 vide E.C. Resolution dated October, 17-19, 1989. Dr. Singh applied further for promotion as Professor and Reader under M.P.S. in the Scale of Rs. 4500-5700 and Rs. 3000-5000 respectively and Reader under CAS in the scale of Rs. 3700-5700. He was called for interview on 27.2.1998 for both the positions under MPS and CAS. Dr. Singh exercised his option for promotion as Reader under MPS-86, presumably because of the fact that the MPS Reader with Rs. 3000-5000 pay scale were entitled to promotion as Professor under MPS, whereas the Readers under CAS were not entitled to promotion as Professors under MPS.

Accordingly his case was not considered by the Selection Committee under CAS. He was not interviewed for promotion as Professor under MPS on 27.2.1998 as he was not holding the position of Reader, on the date.

In this connection it is noted that the University is a large unit and the selection of teaching posts are arranged only on the availability of Visitor’s nominees and expert members. The University has made efforts to convene the meetings of the Selection Committee but could not be held before 27.2.1998.

In view of his option Dr. Singh was promoted as Reader under MPS-86 in the scale of Rs. 3000-5000 by the E.C. dated 28.2.1998. He accepted the offer on 28.2.1998. This promotion was antedated w.e.f. 31.8.1987 in view of ECR No. 524 dated