SUDHANSU JYOTI MUKHOPADHAYA, J. - (1.)LEAVE granted.
(2.)THIS appeal is directed against the judgment and order dated 8th November, 2011 passed by the High Court of Karnataka, Bangalore in Writ Appeal No.1030 of 2006. By the impugned judgment, the High Court allowed the appeal preferred by the respondent no.1 and held that he is entitled to the Central pay scale and denial of such scale would be bad in law.
The factual matrix of the case is as follows: Respondent No.1 was selected and appointed as Deputy Registrar of Karnataka Regional Engineering College, Suratkal (now known as National Institute of Technology, Karnataka) in March, 1979. While he was so performing the duty the Department of Education, Ministry of Human Resource Development, Government of India issued a communication bearing No.F.No.A11014/2/87/T -4 dated 5th February, 1988 to the Principals of all Regional Engineering Colleges (except Srinagar and Jaipur) revising the scales of pay attached to the Senior Administrative posts carrying the Central scales of pay on the basis of the recommendations of the Fourth Central Pay Commission w.e.f. 01.01.1986. Thereafter, the Board of Governors of the appellant -Institute resolved to accept the proposal of the Central Government regarding revision of pay scale attached to the Senior Administrative posts.

(3.)ON 19th April, 1988, the Department of Education, Ministry of Human Resource Development, Government of India, issued another order to the effect that the non -academic post of Registrar, Librarian and Foremen in the Regional Engineering Colleges be given State pay scales comparable to pay scales in similar other institutions in the State. It was decided that an option may be sought from the present incumbents whether they would like to opt for the Central scales of pay or State scales of pay. Those who may opt for Central Scales of pay their posts may be convened into the State Scales of pay as and when the present incumbents to the posts leave the job or retire. In due course of time all the posts are converted into State scales of pay. Thus, for new incumbents it was ordered to give State scales of pay. The relevant extract of the order dated 19th April, 1988 which is necessary for adjudication of this appeal is as under:
''In the meeting it was observed that the incumbents to the non -academic post of Registrar, Librarian and Foreman in the RECs are on Central scales of pay, put drawing D.a. and other allowances of State Government rates. The matter was discussed at length and it was observed that incumbents to these posts are mostly recruited locally. It was accordingly decided that incumbents to all these posts may be given State pay scales comparable to pay scales in similar other institutions in the State keeping in view the size of the RECs and duties and responsibilities assigned accordingly draw State scales and State Government allowances. To obviate any difficulty in implementing this decision, it was decided that an option may be sought from the present incumbents whether they would like to opt for the Central scales of pay or State scales of pay. However, for these who opt for central scales of pay, those posts may be convened into State scales of pay as and when the present incumbents to the posts leave the job or retire. Thus in due course of time all these posts be converted into State scales of pay. ''