ORAL JUDGMENT

Date : 27-03-2025 Heard Mr. Vijay Kumar Singh, learned counsel appearing on behalf of the petitioners; Mr. Subash Chandra Mishra, learned SC-16 appearing on behalf of the State and Mr. Indrajesh Kumar, learned counsel for the B.R.A. Bihar University.

2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is reproduced hereinafter:

"(I) For issuance of an appropriate writ in the nature of MANDAMUS ,commanding and directing the Respondent Authorities to grant the pay-scale to the petitioners in the prescribed pay- scale of Assistant i.e. Rs.5500-9000 with effect from 01.01.1996 as per the Resolution contained in memo no. 1192 dated 23.06.2014 issued by the State Government in the light of the direction of the Hon'ble Supreme Court as also grant the pay-scale of Rs. 6,500-10,500 with effect from 09.08.1999 as the first ACP, the pay-scale Rs. 15,600-39,100 Grade Pay 6600 with effect from 01.01.2009 as the first M.A.C.P., the pay-scale of Rs. 15,600-39,100 Grade Pay 7600 with effect from 01.04.2015 and

10.09.2015 respectively as the second M.A.C.P.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to pay the differences of salary and pension and other consequential monetary benefits to the petitioners with interest in view of the revision of the aforesaid pay-fixation.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners shall be found entitled under the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioners submitted that the services of the petitioner no. 1 was regularized with effect from 10.09.1985 and the services of the petitioner no. 2 was regularized with effect from 01.04.1985 against the sanctioned and vacant posts of Routine Clerk in the Department of Political Science of the respondent-University. The petitioner no. 1, after completion of ten years of service, was granted time bound promotion with effect from 10.09.1995 and petitioner no. 2 was granted time bound promotion with effect from 01.04.1995 in the pay-scale of Rs. 1320-2040/- vide order contained in Memo No. B/3119 dated 17.08.1997. Thereafter, vide office order contained in Memo No. B/1901 dated 01.09.2009, the petitioner no. 2 was promoted against the sanctioned and vacant post of Upper Division Assistants with immediate effect. On the date of said promotion, the pay scale of the petitioner no. 2 was Rs. 4000-6000 and on account of the said promotion, his pay-scale was fixed Rs. 5000-8000/- vide Memo No. B/2037 dated 03.10.2009. Similarly, petitioner no. 1 was also granted promotion to the post of Upper Division Assistant. The respondent university made fixation of salary of the petitioners on 31.07.2015 in pay scale of Rs. 4000-6000 with effect from 01.01.1996 and pay scale of Rs. 5500-9000 was granted to the petitioners with effect from 09.08.1999 on account of grant of first A.C.P. Petitioner no. 1 had superannuated from the post of Upper Division Assistant on 30.04.2020 and the petitioner no. 2 had superannuated from the post of Section Officer on 31.01.2021. Thereafter, the Education Department, Government of Bihar vide G.O. dated 25.02.1987 declared the non-teaching staff of Universities and constituent colleges equivalant to the Government Staff. According to Memo no. 1192 dated 23.06.2014 and other circulars issued by the State Government pursuant to the direction of the Hon'ble Supreme Court, the petitioner is entitled to get the pay-scale of Rs. 5500-9000/- with effect from 01.01.1996 in place of pay scale of Rs. 4000-6000/-, which is prescribed pay scale of the Assistant and petitioners are also entitled to get pay-scale of Rs. 6500-10500 with effect from 09.08.1999 as the first ACP, pay scale of Rs. 15,600-39,100 (Grade Pay 6600) with effect from 01.01.2009 as the first M.A.C.P and pay scale of Rs.