Hon'ble VYAS, J.—In all the above four writ petitions, identical controversy of law is involved, therefore, these writ petitions are hereby decided by this common judgment. For the sake of convenience, facts of S.B. Civil Writ Petition No.2953/2010, Murlidhar Verma & Others vs. Swami Keshvanand Rajasthan Agriculture University, Bikaner & Another, are taken into consideration for deciding the controversy. 2. In the writ petition, following prayer has been made by the Petitioners: "(i) The impugned notices dt. 3.7.2007 (Anx-12), 11.7.2007 (Anx-13), letter dt. 14.3.2008 (Anx-15), letter dt. 23.10.2009 (Anex-16), reminder letter dated 6.1.2010 (Anx-18) may kindly be quashed and set aside. (ii) The respondents may kindly be restrained to affect any recovery from the petitioners and they may be further restrained to withdraw or to amend the benefits of selection grades, which is already allowed to them. (iii) The respondents may kindly be directed to grant the benefit of selection grades to the petitioners w.e.f. 25.1.1992 on completion of their 9, 18, 27 years of service, in pursuance to order dated 4.7.1996 (anx-3) with all consequential benefits. (iv) The respondents may kindly be further directed to make necessary fixations in the pay scale after granting the benefit of selection grades in the aforesaid manner and difference of amount may be paid to the petitioners within stipulated time prescribed by the Hon'ble court. (v) Any other relief to which the petitioners are entitled, may be granted in their favour. (vi) The writ petition may be allowed with costs." 3. The claim of the petitioners is that they were appointed regularly on the posts of Agriculture Supervisor (Non Graduate) and performing their duties with utmost satisfaction of the University. The State Government promulgated scheme of granting selection scale for the employees vide circular dated 25.01.1992 for removing financial stagnation of the employees. The said notification dated 25.01.1992 was adopted after passing resolution by the respondent University vide order dated 12/13-03-1992. The petitioners who are working on the posts of Agriculture Supervisor were held to be entitled for the first selection scale in the pay scale of the post of Assistant Agriculture Officer which carries the pay-scale of Rs.5500 – 9000 (1640-2900). The petitioners were granted first selection scale after completion of 9 years of service which is prescribed for the post of Assistant Agriculture Officer. The petitioners were granted first selection scale after completion of 9 years of service which is prescribed for the post of Assistant Agriculture Officer. Although the selection scale was granted after completion of 9 years of the service; but, the petitioners were not allowed arrears from 25.01.1992 to 03.07.1996 and fixation was made on notional basis. 4. In the writ petition, it is pleaded that a committee was appointed to examine the discrepancies occurring in grant of selection scales to non-graduate Agriculture Supervisors. The said committee, in the year 1997 – 1998, observed that wrong selection scale has been granted to 120 Agriculture Supervisors which was reported to the Board of Management in its 35th meeting held on 30.09.1996. Out of said 120 Agriculture Supervisors, three-fourth of them are working in Maharana Pratap University of Agriculture & Technology after bifurcation of the Rajasthan Agriculture University, Bikaner and they are getting the benefit of selection scale in accordance with order dated 04.07.1996. It is admitted position of the case that all the petitioners were allowed benefit of selection scale in accordance with order dated 04.07.1996. However, all of a sudden, vide order dated 09.08.1996, order dated 04.07.1996 was cancelled by the respondent University. 5. Against aforesaid order dated 09.08.1996, number of writ petitions were filed before this Court both at the Principal Seat as also Jaipur Bench, Jaipur, in which, stay orders were granted. Later on, the Vice Chancellor withdrew the order dated 09.08.1996 for the reason that no opportunity of hearing was given prior to withdrawing the selection scale. The writ petitions were, therefore, rendered infructuous. 6. The University after passing order dated 9.8.1996 did not take any action for withdrawing the selection scale granted to the petitioners after com-pletion of 9 years of service in the pay scale of Assistant Agriculture Officer. 7. In the year 2000, a Memorandum of Understanding was signed in between the respondent University and State Government; but, thereafter, all of a sudden, vide letter dated 03.07.2007, it was directed that notice for irregularity in grant of selection scale be served upon non-graduate Agriculture Supervisors and benefit of selection scale after completion of 9 years of service wrongly allowed to agriculture Supervisors (Non Graduate) may be taken back. After issuing direction vide letter dated 03.07.2007 by the respondents, the petitioners were served with the notices and they were directed to submit their reply. After issuing direction vide letter dated 03.07.2007 by the respondents, the petitioners were served with the notices and they were directed to submit their reply. In the notice, it was stated that reply may be filed within three days else ex parte proceedings will be started and recovery will be made accordingly. 8. On 13.07.2007, the petitioners filed their reply to the notice while referring to the judgments of Hon'ble Supreme Court and High Court that recovery cannot be made from their salaries. The Registrar of the University vide letter dated 14.03.2008 and letter dated 23.10.2009 asked the Head of Department and Dean, Shri Karan Narendra Krishi College, Jobner, in which, it was directed that pay scale of Rs.5500 – 9000 may be allowed with effect from 01.09.1996 to the Agriculture Supervisors and, further, it is stated that employees have wrongly been granted notional benefit of selection scale from 25.01.1992 to 31.08.1996, which is not admissible, therefore, compliance of order dated 14.03.2008 should be made. 9. The petitioners filed their representation on 09.11.2009 before the respondent University and invited attention to the fact that several writ petitions were filed and stay orders were granted by the Hon'ble High Court and one writ petition, being S.B. Civil Writ Petition No.4797/2001 has been finally decided in favour of one of the employees, in which, it has been held that disparity in between the salaries of Graduate and Non-Graduate Agriculture Supervisors is not just and proper. The petitioners preferred this writ petition against notices dated 03.07.2007, 11.07.2007, letter dated 14.03.2008, letter dated 23.10.2009 and reminder letter dated 06.01.2010 of the respondent University and prayed that action of the respondents in not allowing the selection scale after completion of 9 years of service to the petitioners in the pay scale prescribed for the post of Assistant Agriculture Officer with effect from 25.01.1992 is illegal. 10. The main argument of learned counsel for the petitioners is that the post of Assistant Agriculture Officer can be filled in by way of promotion and feeder post is Agriculture Supervisor irrespective of the fact that Agriculture Supervisor is Graduate of Non-Graduate, therefore, the respondents cannot deny the benefits of selection scale after completion of 9 years of service with effect from 25.01.1992 instead of 01.09.1996. No such discrimination can be made on the basis of the fact that certain persons were working on the post of Agriculture Supervisor as Graduate and certain persons were appointed as Non-Graduates. When there is no different post in existence in the rules and post of Assistant Agriculture Officer can be filled in by way of feeder cadre of Agriculture Supervisor, Graduate or Non-Graduate both, then, denial of the benefit of the pay scale of Assistant Agriculture Officer to the petitioner who are non-Graduate Agriculture Supervisors is not sustainable in the eye of law. 11. Learned counsel for the petitioners submits that once decision has been taken for implementation of the order dated 25.01.1992 for grant of selection scale after completion of 9, 18 and 27 years of service, then, obviously the selections scales are required to be given in accordance with the said notification and respondents, on their own, cannot deviate from order dated 25.01.1992 for granting selection scale for the post of Agriculture Supervisor in the pay scale of Assistant Agriculture Officer. Therefore, it is prayed that direction may be issued to the respondents to grant the benefit of selection scale for the post of Agriculture Supervisor in the pay scale of the post of Assistant Agriculture Officer with effect from 25.01.1992. 12. Learned counsel appearing on behalf of the respondents does not dispute the fact that the feeder cadre for promotion on the post of Assistant Agriculture Officer is Agriculture Supervisor (Graduate/Non Graduate), however, action has been taken by the University without caring for the directions of the State Government violating the terms and conditions of the Memorandum of Understanding. It is contended that the University is government-funded institution, therefore, there is no option for the University save to comply with the directions issued by the Government. 13. Learned counsel for the University, in alignment with the State counsel, submits that there is no error in the action taken by the University, therefore, this writ petition deserves to be dismissed. 14. I have considered the rival submissions made by respective parties. 15. In this case, it is not disputed by the counsel for the University that Agriculture Supervisor (Non Graduate and Graduate both) are eligible for promotion to the post of Assistant Agriculture Officer. 14. I have considered the rival submissions made by respective parties. 15. In this case, it is not disputed by the counsel for the University that Agriculture Supervisor (Non Graduate and Graduate both) are eligible for promotion to the post of Assistant Agriculture Officer. It is also not disputed that the University took decision to implement order dated 25.01.1992, whereby, the State Government prescribed selections scales for the employees with a view to removing the financial stagnation. In these circumstances, I am of the opinion that in the order dated 25.01.1992 it is specifically provided that three selection scales will be granted to the employees upon completion of 9, 18 and 27 years of service respectively. Further, it is provided that the selection scale will be the pay scale of the promotional post in the channel. 16. In this case, when the post of Agriculture Supervisor (both Graduate and Non-Graduate) is the feeder post for promotion to the post of Assistant Agriculture Officer without involving any difference in procedure, then, obviously the case of the petitioners cannot be discriminated for the purpose of granting selection scale infiltrating extraneous consideration beyond the parameters laid down in notification dated 25.1.1992 on the basis of educational qualification. If, both Graduate Agriculture Supervisor and Non-Graduate Agriculture Supervisor both are eligible for promotion, on identical footing, as per the promotion rules for promotion to the post of Assistant Agriculture Officer, then, Agriculture Supervisors (Non Graduate) are very much entitled to get the selection scale in the pay scale of the post of Assistant Agriculture Officer upon completion of 9 years of service and, as per order dated 25.1.1992, all the financial benefits are required to be given from 25.1.1992, the day on which selection scales were provided for the employees. 17. In this view of the matter, while accepting this petition for writ, it is held that the respondent University's action in withdrawing and not allowing the selection scale in the pay scale of the post of Assistant Agriculture Officer to Agriculture Supervisors (Non Graduate) upon completion of 9 years' service is arbitrary and in violation of Article 14 of the Constitution of India as well as intention of notification dated 25.01.1992. In this view of the matter, all the impugned notices/letters are hereby quashed and set aside and the respondents are directed to grant selection scale to the Agriculture Supervisors (Non Graduate) upon completion of 9 years of service in the pay scale of the post of Assistant Agriculture Officer as per notification dated 25.01.1992. If the same is already granted it shall not be disturbed and in the event any recovery has been effected the same shall be restored and those employees (petitioners) who were not granted said benefit they shall be granted selection scale in the pay scale of Assistant Agriculture Officer after completion of 9 years of service. Entire exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. 18. In the terms indicated above, this writ petition is allowed. No order as to costs.