VICE-CHANCELLOR Vs. SARYU PRASAD SARYU PRASAD

JUDGEMENT

(1.) ORDER The present Letters Patent Appeal has been preferred by the Vice -Chancellor, Babasaheb Bhimrao Ambedkar Bihar University against the order of the writ Court dated 24.11.2003 in C.W.J.C.No. 4514 of 2000 heard with M.J.C.No. 1990 of 2003.

(2.) THE contention on behalf of the appellant respondents is that is view of the provision of Clause (11) of government letter no. 14/P2/09/87 of Human Resources Department no. 1044 dated 7.8.1989 regarding revision of pay scales of University and degree college teachers as the aforesaid provision clearly specified that the promotion effected or due to teacher on or before 1.3.1989 will not be reopened. However, in such cases there pay scale will be revised from the date of their promotion, benefit was required to be given from 1.3.1989, only.

(3.) UNDER no stretch of imagination aforesaid interpretation can be accepted, as the aforesaid provision clearly envisaged that the promotion granted earlier to 1.3.1989 could not be reopened and revised pay scale was to be given from the date of their promotion and the cut off date fixed for granting the financial benefit was from 1.1.1986. In view of the aforesaid facts the learned writ Court had not erred in allowing the writ petition and directing the respondent University to pay difference in the revised scale from 1.1.1986 till 1.1.1989, also. This is no error in the order of the writ Court, requiring interference.