Judgment Udai Pratap Singh, J. 1. The petitioner has challenged the validity of the order dated 14-10-1977 (annexure-1) passed by the Principal, Doranda College, ranchi, refusing to allow him three advance increments. Challenge has also been made to the order dated 24-3-1976 (annexure-2) passed by the Joint Secretary, department of Education, Government of Bihar, stating that those teachers who obtained Ph. D. degree after 1-4-1975 would not be allowed research allowance. 2. In 1954, the petitioner graduated from the Bihar University securing second class honours in Hindi. He also obtained second class Masters degree in the same subject in the year 1956. He was appointed as a Lecturer in the depart ment of Hindi in the Doranda College, a constituent college of the University. This was made in the year 1970 on ad hoc basis. Pursuant to an advertisement of the University Service Commission, the petitioner successfully competed and was duly recommended by the Commission for appointment as a Lecturer, in the said college in the department of Hindi some time in May 1972. Later in the year 1976, he obtained Ph. D. degree from the Ranchi University for which the result was published in 22-3-1976, 3. For appointment as a lecturer in the college, at the time when the petitioner had applied for such appointment the criteria for eligibility has prescribed in Chapter XVIII of the Ranchi University Statutes. Article 320 (e) reads as follows : "lecturer : (200-750)At least a second class Masters degree ordinarily in the subject concerned, of an Indian University or an equivalent qualification of a foreign university, or research degree of the doctorate standard. In case of Tribal languages either a second class Masters degree in the language concerned or a second class Masters degree in Arts, science, Commerce or Education and having the language concerned as mother tongue and preferably some experience of teaching the language. " article 231 (i) of chapter XIV of the Statutes provides that : "a lecturer in the employment of the University on whom is conferred the degree of Ph. D. , D. Sc. or D. Litt. shall be allowed to draw three advance increments from the date of notification of his result and these increments shall merge in the pay and form part of it, provided. " (the proviso is not relevant for this case.) 4. D. , D. Sc. or D. Litt. shall be allowed to draw three advance increments from the date of notification of his result and these increments shall merge in the pay and form part of it, provided. " (the proviso is not relevant for this case.) 4. Implementing the recomendations of the University Grants Commission revising the time scale pay of lecturers from Rs.400-950 to that of Rs.700/ 40-1100-50-1600/- retrospectively from 1st April 1973, the decision was communicated by the Education Department under letter No.185 dated 24-1-1978 and paragraph 8 of the letter reads as follows : "8. The special allowance admissible to the teachers of University and constituent colleges on 1-4-1973 and dearness allowance to the teachers of affiliated colleges at the existing rates of special allowance of teachers of University shall be merged for the purpose of pay fixation in the revised scales of pay. No such allowance or dearness allowance shall be admissible to any teacher in the revised scale of pay with effect from 1-4-1975 except such as are sanctioned by the state Government from time to time. " 5. By three separate applications, dated 26-3-1976, 21-5-1976 and 24-3-1977, the petitioner represented to the Principal, President and Secretary of the governing Body of the Doranda College, that in accordance with Article 231 (1)of the Statute he was entitled to three advance increments. The applications dated 26-3-1976 and 21-5-1976 remained unreplied by the Governing Body. 6. As late as on 14-10-1977, in reply to the application dated 24-3-1977, the petitioner was informed by the impugned letter (annexure-1) was that the said application had been forwarded to the Registrar and in view of the University letter dated 21-9-1976 and the letter of the Education Department, Govt. of Bihar dated 24-3-1976, (annexure-2) the research allowance for Ph. D. degree will not be admisssible in the scale of Rs.700-1600 to teachers who got Ph. D. degree after 1-4-1975. As regards the three advance -increments it was mentioned that while discussing the related matter of the college the Finance Officer of the University confirmed that in view of the Government letter, it would not be given to the teachers in the existing scale with effect from 1-4-1975. Since the petitioner obtained the Ph. D. degree on 22-3-1976, the three advance increments would not be allowed to him. 7. Since the petitioner obtained the Ph. D. degree on 22-3-1976, the three advance increments would not be allowed to him. 7. The term of Article 231 (i) of the Statute of the Ranchi University is clear and unambiguous. In accordance with it, all those lecturers in the employment of the University who qualify themselves and obtained Ph. D. degree are entitled to three advance increments from the date of notification of their result and these increments shall merge in the pay and form part of it. In absence of any legal and valid amendment of Article 231 (i) of the statute, the letter of the University or the Education Department, Government of Bihar could not obliterate or take away the right of those lecturers who are made entitled to the three advance increments on fulfilling the conditions prescrib ed under Article 231 (i) of the Statute. What was justified to the lecturer directly under the statute could not be taken away indirectly by any other method con trary to the statute. 8. Although the petition was pending since 1978, there is no counter affidavit either on behalf of the University or the Principal of the college. The oral submission was a bald statement that the lecturers would not be given the benefit of Article 231 (i) of the Statute w. e. f.1-4-1975. In view of the points discussed above, this contention has to be rejected. The orders contained in annexures 1 and 2 are quashed and the respondents are directed to grant three advance increments to the petitioner for Ph. D. degree with effect from 22-3-1976 in accordance with Article 231 (i) of the Statute. The writ petition is allowed accordingly but there will be no order as to costs. Petition allowed.