HON’BLE SRI JUSTICE GHULAM MOHAMMED W.P.No.19502 of 2005 O R D E R: This writ petition is filed for issuance of a writ of mandamus, declaring the action of the respondent in not fixing the pay of the petitioner in the scale of pay attached to the post of Book Bearer and on promotion as Library Professional as arbitrary, discriminatory and illegal and consequently direct the respondent to re-fix his pay in the scale of pay of Rs.1745-3420 (RPS, 1993) to the post of Book Bearer w.e.f. 23.12.1994 and in the scale of pay of Rs.5640-11300 to the post of Library Professional w.e.f. 30.01.1999 and to pay him the difference of salary forthwith while declaring that he is entitled for the said re-fixation in accordance with the Government pay scales revised from time to time and in terms of the Proceedings No.PSTU/Admn.-2/PRC-39/98-99 dated 30.01.1999 with all other consequential benefits, monetary and otherwise. It is the case of the petitioner that he was initially appointed as daily wage employee in the respondent-University in 1986. Thereafter, his services were regularised as Kamati in Class-IV service in the University in the last grade scale of Rs.740-1150 vide proceedings No.2551/Estt.I/88 dated 22.12.1988. Thereafter the said scale was revised by the Government from Rs.1595-3020 in the revised pay scales 1993. The petitioner was promoted as Book Bearer vide proceedings No.TU/Estt./DPC/94-S dated 07.04.1994 based on the recommendations of the Departmental Promotion Committee. But his pay was not fixed as applicable to the post of Book Bearer and his pay continued to be in the last grade scale of Rs.1595-3020 which he was getting as Kamati a Class-IV post and the applicable revised pay scale for the post of Book Bearer was Rs.1745-3420. It is the further case of the petitioner that the Departmental Promotion Committee has recommended the name of the petitioner for promotion as Library Professional in the respondent-University in the post, which fell vacant, due to the promotion of Sri S.Mohan Reddy, who was selected and appointed as Library Assistant. The respondent vide its proceedings No.PSTU/Admn-2/NT/99, dated 30.01.1999 while promoting the petitioner to the post of Library Professional has granted extra scale of pay. Though he possessed post graduation degree in library and information science. The Executive Council of the respondent/University in its meeting dated 17.11.1999 has passed a resolution, which is to the following effect. “There are two semi professionals already working in P.S.Telugu University with a higher scale ie., Rs.2195-4560. The scale of Library Professional is said to be much higher than the scale given to Mr.B.Sudershan it is a paradox that the post of semi professional carries higher scale than the “Library Professional” carrying the scale of Rs.1875- 3750. In other words, Library Professional designation wise is higher than semi professional and scale wise it is lower than the semi professional”. Unfortunately, the respondent-University has intimated the petitioner vide its proceedings No.PSTU/Admn-2/NT/99,dated 17.01.2000 that the Executive Council instead of ratifying the action of the respondent in permitting the petitioner to the post of Library Professional has resolved to bring him back to the post of Book Bearer on the ground that the Departmental Promotion Committee did not have any technical expert in library science and accordingly he was reverted back to the post of Book Bearer w.e.f. the date of his promotion. Though the petitioner has submitted number of representations to the respondent University but so far no action has been taken. Hence, this Writ Petition. The Registrar of the respondent-University has filed a counter- affidavit stating that the petitioner was temporarily promoted as Library Professional against the post of Assistant Co-ordinator by orders dated 30.01.1999, as per the Departmental Promotion Committee recommendations. As there is no basis of Library Professional in the respondent-University, the temporary promotion orders dated 30.1.1999 was put before the Executive Council for ratification. After careful consideration, the Executive Council by its resolution dated 17.11.1999 refused to ratify the temporary promotion orders dated 30.1.1999 promotion the petitioner temporarily as Library Professional, as against the post of Assistant Co-ordinator following the Executive Council resolution, the Registrar of the University issued orders dated 17.1.2000 to the petitioner, reverting him to his original post of Book Bearer. The Executive Council refused to ratify the promotion of the petitioner on two grounds ie., 1) as there is no subject expert in Departmental Promotion Committee and 2) against the spirit of Clause-26 of the Potti Sreeramulu Telugu University Act. There is no post of Library Professional in the respondent-University and there is no duties or scale of pay attached to the post. As such, the petitioner was discharging the duties of the Book Bearer only and pay scale attached to the post of Assistant Co-ordinator paid to him by the respondent. The petitioner was paid 1999 PRC and every year increments. The revised scale of 2005 and 2010 were not paid to him as the petitioner was insisting to pay the scale of pay attached to the post of Library Professional in the Osmania University. As there is no sanctioned post of Library Professional in the respondent-University the Executive Council did not ratify the temporary promotion given to the petitioner, as Library Professional because it is contrary to the spirit of Section 26 of the Potti Sreeramulu Telugu University Act. The petitioner who was holding the post of Book Bearer is not entitled to hold the post of Assistant Co-ordinator at all. For the post of Assistant Co-ordinator only direct recruitment is prescribed in the Statutes. From the post of Book Bearer to next promotion post as Data Bank Assistant. Though the petitioner approached this Hon’ble Court by way of a writ petition, without prejudice to the pendency of the writ petition, the petitioner was promoted to the post of Data Bank Assistant by orders dated 22.12.2008. As the said post was available on that day and the petitioner who was holding the post of Book Bearer from 07.04.1994 is entitled for promotion. The petitioner did not choose to join promotion post of Data Bank Assistant. As the petitioner challenged the reversion order dated 17.01.2000 by way of a writ petition in this Hon’ble Court the respondent-University is not paying the revised pay scales of 2005 and 2010 because it is difficult to recover the excess amount paid to the petitioner in case the orders in the event of upholding the orders dated 17.01.2000 by this Hon’ble Court. He was already paid more than what he is entitled as the scale of pay as Book Bearer. Heard both sides. It is contended by the learned counsel for the petitioner that the petitioner was promoted as Book Bearer by the respondent-University on the recommendations of the Departmental Promotion Committee. But no pay attached to the said post was fixed and the petitioner was paid the last grade scale of pay, which he was getting in the Class-IV post namely Kamati; though the petitioner acquired prescribed qualification for the post of Book Bearer. The respondent-University by an order No.TV/LIB/D1 dated 14.12.1991 has requested the Librarian of Osmania University to intimate the qualifications, pay scales and the nature of duties of their library staff in connection with the fixation of pay of the Library Staff in the University. The Librarian of the Osmania University by his letter dated 21.12.1991 has intimated to the University the scales of pay, qualification, and the nature of duties. According to the said letter, the petitioner is entitled the scale of pay attached to the post, which he was holding. Though the petitioner is eligible and entitled to the scale of pay, the respondent/University did not choose to refix the scale of pay of the petitioner. It is contended by the learned Standing Counsel for the respondent/University that the petitioner was temporarily promoted as Library Professional on the recommendations of the Departmental Promotion Committee. Since there is no post of Library Professional, the temporary promotion orders was placed before the Executive Council for ratification. The Executive Council by its resolution dated 17.11.1999 refused to ratify the temporary promotion of the petitioner on the ground that there is no Expert in the Departmental Promotion Committee and it is given spirit of Clause 26 of the POT Act. The Registrar of the University by his order dated 17.01.2000 reverted the petitioner to his original post of Book Bearer. During the pendency of the writ petition, the petitioner was promoted to the post of Data Bank Assistant without prejudice to the pendency of the writ petition. But the petitioner did not choose to join in the said post. As there is no sanctioned post of Library Professional in the respondent-University, the petitioner is not entitled to the difference of pay scales. The petitioner has challenged the reversion orders issued by the respondent-University in W.P.No.717 of 2000 which was allowed today by remanding back the matter to the respondent-University for fresh consideration in accordance with law after giving notice to the petitioner. If the respondent-University considers the matter in favour of the petitioner the petitioner is automatically entitled to the difference of pay scales. Therefore, it is for the respondent-University to decide whether the petitioner is entitled to the said post and whether he is entitled to the difference of pay scales, after putting the petitioner on notice. As far as the pay scale is concerned, it involves a monetary benefits to the petitioner, it is for the University to consider his case provided the post is in existence on the date of his promotion, whether the PRC is applicable to the said post and the petitioner is entitled to the difference of pay scales, and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. The Writ petition is allowed. No costs. ___________________ GHULAM MOHAMMED,J 25th November, 2010. PNV