- (1.) This Writ Petition has been filed by the Petitioner for seeking following reliefs: a) For an appropriate writ in the nature of mandamus commanding upon the Respondents particularly Respondent No. 2 to sent to this Hon'ble Court all the records appertaining to the order D.O. No. F-4-249/82/BAU(V.C.)1471/Kanke dated 28.3.07 wherein the office order No. 606 dated 12.2.05 had been withdrawn where the Petitioner under the Carrier Advancement Scheme Phase-I and II had been given the pay scale of Rs. 3,000-5000/- from 1.1.1986 in place of 1.1.91 and in the scale of Rs. 3700-5700 on and from 22.4.93 in place of 1.2.96 vide memo No. 606 dated 12.2.05; and b) Further be place to quash/set-aside the vide office order No. 1471/Kanke dated 28.3.2007 as being completely illegal, unjustified and arbitrarily; and c) For a further direction upon the Respondents not be deduct any amount/amounts from the salary of the Petitioner under the grab of excessive payment that have been made to him in pursuance to letter No. 606 dated 12.2.05; and d) For a further direction upon the Respondents to allow the Petitioner to continue in his service at his present post without any harassing and humiliating him under the grab of the letter No. 1471 dated 28.3.07; and e) For any other appropriate writ/order/direction as your Lordships may deem fit and proper for doing conscionable justice to the Petitioner in the facts and circumstances of the present case.
(2.) The brief facts of the case is that the Respondent Vice Chancellor taking into all the aspects of the Petitioner's past services on and from October 15, 1975 and thereupon, the Petitioner was made entitled for the Career Advancement Scheme hereinafter referred as (CAS) Phase-l promotion in the pay scale of Rs. 3,000-5000/- from 1.1.1986 and in the CAS Phase-II promotion in the pay scale of Rs. 3700-5700/- on and from 22.4.93. Thereafter, without taking the facts of the past services of the Petitioner into consideration, the Vice Chancellor shifted the date of CAS Scheme by passing an order on 12.2.2005 withdrawing the promotion and benefits given to the Petitioner under Phase-I Scheme wherein the pay scale of Rs. 3000-5000/- had been granted on and from 1.1.86 in place of 1.2.91 and promotional benefits under CAS Phase-2 in the pay scale of Rs. 3700-5700 had been granted on and from 22.4.1993 in place of 1.2.96. The order which was passed by the Vice Chancellor in the year 2005 (Annexure-5 to the writ petition) was reviewed to its original position.
(3.) The case was contested by the Respondents mainly on the ground that the Petitioner is not entitled to get the CAS as he is claiming. The Vice Chancellor reviewed earlier order passed in 2005 and restored the position for which the Petitioner was entitled prior to the passing of the order. It was further alleged that the Petitioner has not exhausted the appellate remedy prescribed under the Statute so the Writ Petition is not maintainable as other alternative efficacious relief is available. The Respondents have further stated that the Petitioner has preferred a representation to the Vice Chancellor which is pending before him and the Vice Chancellor should be asked to dispose of the said representation till that time the writ petition is not maintainabie.;