JUDGMENT : It is the case of the petitioner that as the petitioner has put for more than 17 years of service as Lecturer and was eligible for promotion to the post of Principal and as the post of Principal was lying on promotion from the post of Lecturer, he is entitled to be promoted to the post of Principal under provisions of FR 49(i) and in denying the said benefit to the petitioner on the basis of circular which came into force in the year 1994 much after the petitioner was discharging the higher responsibility, the action of the respondents is unsustainable. Having heard the learned counsel for the parties and on perusal of the record, it is clear that under FR 49 (i) Govt. servants like the petitioner who are directed to discharge the duties of higher post are entitled for pay scale and other benefits for having worked on the post in question. The petitioner having discharged the duties of Principal for the period in question from 22-01-1991 to 28-02-1995 he is entitled to pay fixation and allowance in accordance to the provisions of FR 49(i) as reproduced hereinabove. The respondents have only justified their action on the basis of circular Annexure R-1, this circular Annexure R-1 came into force w.e.f. 28-12-1994 and the circular is given prospective effect. The petitioner was discharging the higher responsibility for more than 3 years prior to the said date i.e. with effect from 22-01-1991, between 22-01-1991 to 28-02-1995 nothing is brought to the notice of this court which disentitles the petitioner from claiming the benefits under the provision of FR 49 (i).