Jai Chandra Jha @APPELLANT@Hash State of Bihar

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as the University.

The grievance of the petitioner in the present writ petition is denial of revised pay scale on promotion as Assistant Registrar.

The petitioner was getting pay scale of Rs. 6500-10500 with effect from 1.1.1996 as Section Officer. He was promoted as Assistant Registrar with

effect from 1.1.1981 but he could not get the revised pay scale. From Annexure-10 it appears that plea was taken by the University that the State

Government has the competence to revise the pay scale in view of the rider of proviso to Section 35 of the Bihar State Universities Act. The

respondents have rejected the claim for grant of pay scale of Deputy Registrar because the petitioner has only worked for a period of one year as

Deputy Registrar on officiating basis.

Mr. Subodh Kumar Jha, learned counsel for the petitioner submits that on grant of promotion from Section Officer to Assistant Registrar the

petitioner is entitled to grant of revised pay scale otherwise the promotion becomes illusory.

The post of Assistant Registrar is higher in hierarchy than the post of Section Officer and it is promotional post. Once it is accepted that the post of

Assistant Registrar is higher in hierarchy and promotional post it flows as a matter of corollary that the petitioner, on grant of promotion to the post of

Assistant Registrar, is entitled to higher pay scale than the pay scale of Section Officer.

It would be ridiculous situation where the person on grant of promotion is paid the pay scale at par with the Section Officer or even denied the benefit

of revised pay scale of Section Officer. The petitioner was granted promotion as Assistant Registrar with effect from 1.1.1981 and as such he is

entitled to the benefit of pay scale admissible to the post of Assistant Registrar with effect from 1.1.1981 and the benefit of revised pay scale with

effect from 1.1.1996. If the benefit of revised pay scale higher than the pay scale given to the Section Officer is not extended to the petitioner then the

promotion as Assistant Registrar is only illusory.

Sanction of post and pay is precisely within the domain of the State and the State is required to exercise such power in a reasonable manner so that

there cannot be heart burning. The Court cannot approve inaction on the part of the State Government in not enhancing the pay scale of Assistant

Registrar to make the promotional post of Assistant Registrar as real promotion not only for status but the pay scale attached to the promotional post

or higher post should be reflected in the pay scale admissible to the employee holding the post of Section Officer and Assistant Registrar.

Considering the aforesaid, the Court is constrained to hold that the respondents are obliged to revise the pay scale commensurate with the status of

the petitioner as Assistant Registrar and in any view of the matter higher than the pay scale admissible to the Section Officer pre and post revised.

The University and the State will take appropriate corrective measures within a maximum period of four months from the date of receipt/production of

a copy of this order and ensure payment of arrears within a further period of two months. With the aforesaid, the writ petition stands allowed and

disposed of.