- (1.) HEARD learned counsel for the parties.
(2.) THE petitioners in this writ application have prayed for a direction to the respondents to pay them the scale of pay of Rs. 1500 -2750, in the light of the notification issued by the Respondent - Ranchi University vide memo No. 24477 -512 dated 19.12.1997 with effect from the date of appointment of the petitioners. Further, prayer has been made for a direction upon Respondent No. 3 to pay the petitioners all the arrears of salary, on the basis of aforesaid pay scale. Admitted facts of the case of the petitioners in brief, are as follows: (a) Both the petitioners were appointed as Routine Clerk at the Respondent - Ranchi University. On the date of their appointment, the scale of pay as applicable to Routine Clerks, fixed by the Government Notification No. 841 dated 13.04.1991, was applicable and according to which, their scale of pay was also fixed at Rs. 975 -1540. (b) By virtue of a subsequent notification issued by the Registrar of the Respondent -University, clarifications were communicated to the Principals of the affiliated colleges to act in accordance with aforementioned notification No. 841 of the State Government and to pay the salary to the non -teaching employees in accordance with the scales fixed. It was stipulated in this notification that Grade - III college employees, holding the qualification of Graduation at the time of initial appointment on the post of U.D./L.D. Assistant/Clerks (Merger), will get their salary in the pay scale of 1500 -2750 with effect from February, 1998 in anticipation of the approval of State Government.
(3.) ON the basis of the aforesaid notification (Annexure - 3), the petitioners have claimed that they have come within the category of Clerks and since did possess the Graduation degree at the time of their appointment, they are entitled to the scale of 1500 -2750 and the salary which is being paid to have at present, is much below the stipulated scale of pay and, therefore, they are entitled not only to the proper scale of pay, but also to the arrears of salary on the basis of the difference of scales.;