Neutral Citation No. - 2025:AHC:142528 Court No. - 38 Case :- WRIT - A No. - 20766 of 2016 Petitioner :- Professor Ram Pal Singh Respondent :- Union Of India And 8 Others Counsel for Petitioner :- Anil Tiwari,Chakrapani Vatsyayan,Durgesh Kumar Tripathi,Preet Pal Singh Rathore,Ram Gopal Tripathi,Subhanshu Counsel for Respondent :- A.S.G.I.,Ajay Kumar,Durga Singh,Prashant Shukla,Ramesh Upadhyaya(Senior Adv.) Hon'ble Donadi Ramesh,J. 1. Heard Sri Shailendra Srivastava, learned Senior Counsel assisted by Sri Durgesh Kumar Tripathi, learned counsel for the petitioner; Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Shivendra Ojha, learned counsel for the respondent nos.4, 5, 6 & 7; learned Standing Counsel for the State-respondents and learned counsel for the impleaded respondent nos.10 to 16. 2. The petitioner is a professor in the fourth respondent institution filed the writ petition for a mandamus to fix the salary of the petitioner and other teachers as on 01.01.2006 strictly in accordance with the circular dated 31.12.2008 and 04.06.2009 and as per the guidelines of the institute dated 18.02.2010 and further prayer to remove the benefit of stepping up in strict compliance of the circular dated 04.11.1993 and also fix the seniority of the petitioner in the cadre of Associate Professor and Professor separately. 3. While pending the writ petition, this Hon'ble court has passed the following order on 18.03.2025 :- "The respondent nos.4 to 7 has filed a short counter affidavit in which in paragraph 10 and 11 it has been stated that the Board of Governors of the Institute is likely to finalize the issue with regard to the higher pay scale. The paragraph 10 and 11 of the short counter affidavit is extracted hereunder:- "10. That from the above it is clear that the entire grievances of the petitioner are likely to be finalise shortly as much as the Board of Governors of the Institute has already decided that if a junior acquires some additional qualification due to which his pay becomes higher than his senior, the pay of the senior cannot be upgraded. It has also been decided that such upgradation was not in accordance with the Government of India Rules which requires stepping down the pay of all faculty members. 11. That the entire matter will be likely to finalise within two to three months as the report of the committee will be approved by the upcoming meeting of the Board of Governors." Learned counsel for respondent nos.4 to 7 seeks time to obtain instructions in the matter. List on 2nd April, 2025" 4. In response to the same, counsel appearing on behalf of fourth respondent has placed the instructions dated 21.07.2025 based on the above order, the matter has placed before the Board of Governors and its resolution dated 25.04.2025 had decided to uphold its item no.40.07 of the 40th meeting held on 23.09.2015, wherein, it was decided to re-fix/step down the pay scale of all senior faculty members who are benefited due to re-fixation of pay. The instructions clarifies the steps which are to be taken by the University are narrated which read as follows :- "2. By executing the above, office order on stepping down of existing pay in respect of 20 no. of serving employee has been issued individually. It has been noted that 05 no. of benefitted faculty member have been superannuated and 01 no. is deceased. Decision regarding superannuated and deceased employee may be taken after considering the same in the next BoG meeting. 3. Further since stepping down process is having impact of last 19 years and during these period almost each benefitted faculty member have reached the saturation pay of their pay matrix i.e. Pay Level 14A and Pay level 15 (HAG). Hence their stepping down pay comes similar to existing pay as on 01.07.2025. 4. The re-pay fixation of pay has been done from 2006 to till date, where lots of service matters like deputation, selection, promotion etc. has also been taken care of while refix/step down the same. 5. The duration of such revised fixation is almost 19 years in each case and have the impact of changing of pay fixation (5th CPC, 6th CPC, 7th CPC) in light of pay commission exclusively for the academic staffs. 6. Institute prepared the pay fixation and due drawn statement of all the 26 No. of faculty members. 7. However, an external member committee has been constituted by the Institute to vet the revise pay fixation and the pre-checking of the due-drawn statement, the committee is still working on it, the recommendation of the committee is expected to be received soon. The recommendations committee may be placed before the very first FC and subsequently in BoG meeting to final decision on recovery of excess amount paid if any, would be decided accordingly. Kindly grant 03 month of period for the same. 8. After finalizing the pay, seniority of the petitioner would be decided accordingly." 5. In view of the above correspondence, this Court is not going to the merits of the case, this Court inclined to dispose of the writ petition as concentrate by learned senior counsel appearing on behalf of the petitioner by providing three months time to the institution to comply the above referred conditions of the above resolution dated 23.09.2015 after providing opportunity to the petitioner as well as all the concerned and pass appropriate orders within a period of three months, after finalizing the entire issue, the respondents are directed to take appropriate action including the seniority, from the date of receipt of the order. Order Date :- 20.8.2025 I.A.Siddiqui (Donadi Ramesh,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad