CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 25-04-2023 Heard learned counsel for the appellant and learned counsel for the respondents.

2. The present L.P.A. is directed against the order dated 27.09.2010 passed in CWJC No. 11078 of 2007 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the appellant has been dismissed.

3. In the writ petition, the appellant-petitioner has sought following relief :

“i) For issuance of a writ in the nature of certiorari or any other appropriate writ for quashing of the notification dated 02.02.2006 issued by the B.R. Ambedkar Bihar University (hereinafter referred to as ‘University’ only) whereby the pay scale of the petitioner has been reduced from the existing pay scale of Rs. 2200- Rs.4000/- (corresponding revised pay scale of Rs. 8000/- to 13500/-) to the revised pay scale of Rs. 6500/- to 10500/- in an erroneous manner.

ii) For issuance of a writ in the nature of mandamus or any other appropriate writ for commanding the respondent to grant pay scale of grade II to the petitioner after completion of 5 years of service i.e. with effect from 03.04.1980, pay scale of grade I after completing 10 years of service i.e. with effect from 03.04.1985 and selection grade after completion of 12 years of service i.e. with effect from 03.04.1987 as per norms prescribed by the Inter University Sports Board of India (hereinafter referred to as ‘Board’ only) vide letter dated

15.07.1975 (Annexure2).

iii) For issuance of a writ in the nature of mandamus or any other appropriate writ for commanding the respondents to make the payments of the arrears to the petitioner with admissible interest as per the aforesaid revised scale admissible to him.

iv) For holding that the act of the respondent in not granting the corresponding pay scale to the petitioner as prescribed by the Inter University Sports Board of India mentioned in letter dated 15th July 1975 issued by it to the Sports Officers, Member Universities/ Institute as announced by the Ministry of Education and Social Welfare is highly arbitrary, unreasonable, against the settled principles of law as well as violative of the instruction, resolution and circulars issued by the competent authority from time to time.

v) For issuance of any other appropriate writ order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.”

4. Brief facts of the case are that the appellant-

petitioner was appointed as Football Coach on 03.04.1975 vide University notification no. B/5233-38 issued under the signature of the Registrar on temporary basis in the pay scale of Rs.250- 15-400/-. The appointment of the appellant was extended from time to time by the Vice Chancellor/ Registrar of the University by different orders and finally the Vice Chancellor of the University allowed the pay scale of Rs.500/- to 900/- admissible to grade III Football Coach along with other admissible allowances, w.e.f., 01.05.1978 vide office order dated 16.06.1978. The Inter University Sports Board of India (in short, ‘Board’) vide its letter dated 15.07.1975, addressed to the Sports Officer, Member, Universities/Institutes prescribed the revised pay scale of the NS NIS Coaches as announced by the Ministry of Education and Social Welfare. The appellant submitted a representation to the Vice Chancellor for up-

gradation of his scale of pay from Rs. 500/- to 900/- to the scale of pay Rs. 700-1100/- in view of the letter dated 15.07.1975 issued by the Board. The Vice Chancellor in consultation with the Secretary, University Sports Council, directed that the post of the appellant may be upgraded from IIIrd grade to IInd grade and he be allowed the scale of Rs.700-1100/- and the payment of his salary in the upgraded scale of pay might be made only after the approval of the State Government. Accordingly, the University vide its letter no. 5618 dated 08.11.1984 requested the Joint Secretary, Education D