AMARESHWAR SAHAY, J. - (1.) IN this writ application, the petitioners have prayed for quashing of Annexure -6, the letter of Ranchi University dated 27.01.1982 addressed to the Principal, Simdega College, Simdega whereby, the pay scale of the petitioners which they were getting since April 1990 were reduced and down graded and fixed in the scale of Rs. 1,200 - 1,800.
(2.) THE case of the petitioners is that they are non teaching staff of Simdega College, Simdega and they are holding the post of Class - III Assistant against the sanctioned post. According to the petitioners, earlier there were two types of posts of Assistants namely Lower Division Assistants and Upper Division Assistants. Subsequently on 27.01.1982, the Government of Bihar, Department of Education, by issue of Memo No. 91 addressed to all the Vice Chancellor of Universities situated in the State of Bihar, informed that the Government had decided to give the unified scale of pay to the Upper Division and Lower Division Posts. Subsequently, by letter dated 05.10.1989 (Annexure -2), the Secretary -cum -Commissioner, Human Resources Development Department, Government -of Bihar, wrote to the Vice Chancellors of all the Universities that the Government of Bihar has decided to implement the merger of pay scales of all the Upper Division and Lower Division Assistants/Clerks of Class -III employees of sanctioned post of Constituent Colleges of the Universities like Secretariat and Regional Offices and Constituent colleges of Patna University with effect from 01.07.1981. On the basis of said letter of the Government dated 05.10.1989, the Ranchi University, under the signature of its Registrar, issued an office order, contained in Memo No. 4120 -21, dated 25.04.1990 (Annexure -3), unifying the scale of pay of Lower Division and Upper Division Clerks at Rs. 785 -1210 with effect from 01.07.1981. Accordingly, the basic pay of the petitioners were fixed at Rs. 785 -1210. Further case of the petitioner is that after the pay revision was implemented, by letter No. 14/M1 -038/90, dated 13.04.1991 (Annexure -4), issued by the Commissioner -cum -Secretary, Human Resourced Development Department, Government of Bihar, it was intimated to all the Universities to implement the revised pay scale as per the schedule A, B, C and D. According to the petitioners, their pay scale were to be revised as per serial Nos. 7 and 8 of Schedule -B in which, it was shown that the revised pay scale shall be at Rs. 1,500 - 2,750 if their present scale was Rs. 785 - 1,210.
(3.) BY issue of Annexure -5, under the signature of its Registrar, Ranchi University, intimated to all the Principals under the Ranchi University that the Vice Chancellor was pleased to order that the revised pay scale of the Officers and non teaching staff of the University be implemented with immediate effect pursuant to the letter dated 13.04.1991 of the Government of Bihar, Department of Human Resources Development. Consequent thereto, the basic pay of the petitioners were fixed at Rs. 1,500 - 2,750 and the petitioners got this pay scale till October, 1992. However, it is alleged that from November, 1992 to September, 1995, the salary of the petitioners were withheld by the respondents.;