Court No. - 2

Case :- WRIT - A No. - 20794 of 2007

Petitioner :- Sewa Nand Prasad Maurya

Respondent :- The Vice Chancellor Banaras Hindu University And Others

Counsel for Petitioner :- R.C. Maurya,D.B. Yadav

Counsel for Respondent :- Pankaj Naqvi,Arun

Prakash,Hem.Pratap.Singh,S.C.

Hon'ble Suneet Kumar,J.

Heard learned counsel for the parties.

Petitioner was initially appointed Laboratory Bearer in 1970 in

the Department of Physics, Faculty of Science, Banaras Hindu

University (for short 'University') on probation and confirmed

on 25 August 1971. Thereafter, he came to be promoted as

Junior Laboratory Assistant on 6 August 1986 in the pay-scale

at Rs. 260-430. Petitioner was promoted on the post of Senior

Laboratory Assistant in the pay scale Rs. 1320-2040 w.e.f. 7

August 1989. The University implemented the Personal

Promotion/Upward Movement Scheme (for short 'Scheme')

w.e.f. 18 August 1994 on the decision of Executive Council.

The Scheme provides the following hierarchical pay-scale:

"A. Rs. 975-1540

B. 1320-2040 (after five years)

C. 1640-2900 (again after 8 years)

D. 2000-3500 (again after 10 years)"

A clarification was issued by the Registrar of the University,

wherein, pay-scale Rs. 1400-2300 came to be inserted/added

after pay-scale of Rs. 1320-2040 in the Scheme on 18 August

1994. The clarification provided that the incumbent is entitled

to the next promotional pay-scale who have completed 8 years

as on 28 August 1994 i.e. persons working in the pay-scale at

Rs. 1320-2040 was entitled to pay-scale at Rs. 1400-2300 and

thereafter they are entitled for replacement of pay scale at Rs.

1640-2900 w.e.f. 18 August 1994.

Admittedly, petitioner completed 8 years in the pay-scale of Rs.

1320-2040 on 7 August 1997 and, thereafter, petitioner was

given the next hierarchical pay-scale i.e. Rs. 1400-2300. It may

be noted that the petitioner was given Rs. 1320-2040 on 7

August 1989 on completion of 5 years of service. The Career

Advancement Scheme subsequently came to be discontinued in

terms of directives of the University Grant Commission (UGC)

w.e.f. 10 April 1998.

By the instant writ petition, petitioner is assailing the impugned

order dated 7 March 2007 passed on the directions issued in

Writ Petition No. 9342 of 2006 (Sewa Nand Prasad Maurya Vs.

BHU and others) decided on 27 October 2006. The operative

portion of the order reads thus:

"Considering the matter in its entirety and the facts on record, it is

apparent that the petitioner had already been granted the upward pay

scale of Rs. 4500-7000 (pre-revised Rs. 1400-2300) on 8.8.1997, i.e. due

date of his eligibility under One Time Upward Movement and further

promoted to the post of Technical Assistant w.e.f. 30.12.2003 by adding

one additional increment in the pay scale of Rs. 4500-7000 as per

University rules. The claim of the petitioner for grant of one upward

movement in the pay scale of Rs. 1640-2900 on the basis of circular dated

17/18.10.1994 is contrary to the Notification No. AB/Imp. Cell/9984 dated

17/18.7.1995 of the Registrar, BHU and also to the decision of the

Executive Council vide ECR No. 564 dated October 12-15, 1997, wherein

it has been specifically resolved by the Executive Council that the pay

scale of Rs. 1400-2300 be included after the scale of Rs. 1320-2040 in the

structure of upward movement in the technical cadre.

In view of the aforesaid, I Natarajan Sundaram, Registrar, Banaras Hindu

University, find no merit in the claim raised by Shri S.N.P. Maurya vide

his representation dated 8.11.2006 for grant of one time upward pay scale

of Rs. 1640-2900 and pass order to dispose of accordingly."

On specific query, learned counsel for the petitioner admits that

petitioner had not completed 8 years of continuous service prior

to 18 August 1994, therefore, as per the resolutions and

clarifications, petitioner was not entitled to pay-scale at Rs.

1640-2900 skipping the intermediate pay-scale at Rs. 1400-

2300 which