Judgment ( 1. ) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is claiming following relief: (a) The respondents be directed to grant promotion as Technical Officer to the petitioner w. e. f. 24. 11. 1987 and all the arrears of back wages. (b)That the respondents be directed to grant benefit of FR 22-D to the petitioner while fixing his salary and order Annexure P-5 be directed to be modified. (c) That the benefit of senior scale in Gr. I be awarded to the petitioner on completion of 5 years w. e. f. 24. 11. 1987 on 24. 11. 1992. ( 2. ) THE contention of Shri Shukla, learned Counsel for the petitioner is that earlier petitioner was serving on the post of Technical Assistant and he was promoted on 24. 11. 1989 in the pay-scale of Rs. 2200-4000 but the salary of the promotional post was allowed to him with effect from 16. 12. 1993 for no reason. The contention of learned Counsel for the petitioner is that since the petitioner was promoted on the post of Technical Officer Grade I with effect from 24. 11. 1989, therefore in all fairness the respondents ought to have fixed him in the pay-scale of Rs. 2200-4000 with effect from the said date i. e. 24. 11. 1989. ( 3. ) BY inviting my attention to Annexure P/1 dated 30/8/1993 which is a resolution of the Expert Committee of the University, it has been contended by learned Counsel that since it was resolved by the said Committee, the petitioner was promoted on the post of Technical Officer Grade I with effect from 24. 11. 1989 and, therefore, after completion of five years he is entitled for the senior pay-scale of Rs. 3000-5000/ -. On these premised submissions, it has been contended by learned Counsel that this petition be allowed and the relief sought by the petitioner may be granted to him. ( 4. ) PER contra Shri Mrigendra Singh assisted by Shri Manish Nigam, learned Counsel for the respondents submitted that indeed Annexure P/4 is being misconstrued by the petitioner and treating that document to be an order of promotion. ( 4. ) PER contra Shri Mrigendra Singh assisted by Shri Manish Nigam, learned Counsel for the respondents submitted that indeed Annexure P/4 is being misconstrued by the petitioner and treating that document to be an order of promotion. According to learned Counsel, in fact, the post of Technical Assistant has been upgraded by the resolution of the Expert Committee Annexure P/1 dated 30th August, 1993 and since the post has been upgraded and has been re-designated as Technical Officer grade I, it carries a higher pay-scale of Rs. 2200- 4000 and if that is the position, since the order Annexure P/4 has been issued on 31. 3. 1995, therefore after five years from this date the petitioner would get the senior pay-scale. According to learned Counsel this petition sans substance and the same be dismissed. ( 5. ) AFTER having heard learned Counsel for the parties, I am of the view that this petition deserves to be allowed. ( 6. ) THIS Court is not entering into the controversy whether Annexure P/4 is a document of promotion or upgradation of the post. On going through the resolution of the Expert Committee Annexure P/1 dated 30th August, 1993 it is gathered that the Committee took the decision to upgrade the Technical Assistant to the Technical Officer Grade I. This fact is not disputed by the respondent that the petitioner was appointed on the post of Technical Assistant with effect from 24. 1. 1979. Thus, accordingly since the petitioner was fulfilling the criteria laid down by the said Committee, he is entitled to be fixed in the Pay- scale of Rs. 2200-4000. On going through resolution of Expert Committee annexure P/1, it is gathered that Sub clause (2) of the first page of Annexure P/1 speaks about that a candidate should have completed eight years in the respective department on the post of Technical Assistant. Since it is not disputed that on 24. 11. 1989 the petitioner was appointed on the post of Technical Assistant and thus after serving for 8 years on the post of Technical Assistant he is entitled for higher pay scale Rs. 2200-4000. Since it is not disputed that on 24. 11. 1989 the petitioner was appointed on the post of Technical Assistant and thus after serving for 8 years on the post of Technical Assistant he is entitled for higher pay scale Rs. 2200-4000. In the said resolution Annexure P/1 on the second page at the bottom it has been specifically mentioned that: The Committee, thus, resolves that the above general rules may be adopted by the Executive Council and the case of Shri J. C. Sharma for promotion to Technical Officer I may be considered w. e. f. the date of E. C. meeting obviating the question of any arrears on this account. On going through annexure P/1 it is gathered that the resolution of the Expert Committee was to be made effective only after the approval of Executive Council. On going through annexure P/4 which is an order issued by respondent No. 1 on the basis of the decision taken by Executive Council, it is gathered that since the petitioner has completed 10 years of his service as Technical Assistant he is entitled for the upgradation of his post with effect from 24. 1. 1989 in the pay-scale of Rs. 2200-4000. The Executive Council in its meeting held that the benefit be made applicable with effect from the date 16. 12. 1993 when the Executive Council met. Thus, the grade of the petitioner has been notionally upgraded with effect from 24. 1. 1989 in the pay-scale of Rs. 2200-4000 but in fact the actual enhanced wages were paid to him with effect from 6. 12. 1993 i. e. the date of the meeting of the Executive Council, the petitioner accordingly has been rightly given actual payment of higher pay-scale with effect from 16. 2. 1993. ( 7. ) HOWEVER, since there is a resolution of the Expert Committee that every Technical Officer Grade I will be eligible for placement in the Technical Officer I (senior grade) Rs. 3000-5000/subject to the conditions which are mentioned in Annexure P/1 and since the petitioner is completing all those condition, therefore with effect from 5 years after 24. 11. 1989 the petitioner shall be entitled for senior grade of Rs. 3000-5000. The respondents are hereby directed to pay the senior grade pay-scale of Rs. 3000-5000/- to the petitioner after 5 years from 24. 11. 1989. ( 8. 11. 1989 the petitioner shall be entitled for senior grade of Rs. 3000-5000. The respondents are hereby directed to pay the senior grade pay-scale of Rs. 3000-5000/- to the petitioner after 5 years from 24. 11. 1989. ( 8. ) THE petition is allowed to the extent indicated hereinabove with no order as to costs.