Order These two writ petitions have a common controversy and as such, both the writ petitions are being disposed of by a common judgment. . 2. These writ petitions have been filed by the petitioners under Article 226 of the Constitution of India for commanding upon the respondents to release the arrears of pay of the petitioners in the revised scale of Professor w.e.f. retrospective date, considering the fact that the petitioners have already been promoted w.e.f. 18.8.94 as Professor on due recommendation of the Bihar College Service Commission, Patna (for short the Commission). The petitioners further sought a direction to the respondents to fix the pay scale of the petitioners considering their date of promotion w.e.f. 18.8.94; the petitioners has further sought that the pay scale has been fixed by respondent NO.2 in the scale of Reader in view of letter as contained in Annexure-7 of the writ petitions, which is incorrect. 3. Both the writ petitioners were appointed to the post of lecturer on 26.7.1969 in the subject of Hindi and History Department of Nirmala College, respectively. The said college was affiliated to the Ranchi University, Ranchi. It is also alleged that the said college got affiliated by the respondent University up to Pre-degree-I Arts Standard for the Academic Sessions 196970 and since then the teaching of the students of Pre-degree Arts Standard has been commencing in the respondents College. The petitioners, pursuant to the said appointment made by the College, joined the services on 18.8.69 in the Nirmala College, Ranchi and the respondent College as well as Bihar University Service Commission, Patna on 10.8.76 confirmed and approved the services of the petitioners in the said college as Lecturers in the Department of Hindi and History, respectively. The petitioners were promoted from the post of Lecturers to the post of Reader in their respective subjects under the time bound promotion scheme w.e.f. 1.2.1985. The Governing council of the said college considered the cases of the petitioners for the post of Professor under the Statute for time bound promotion under 16-25 years scheme and approved the said promotion w.e.f. 18.8.94. Pursuant to such approval, the name of the petitioners were recommended to the Ranchi University, Ranchi. The Governing council of the said college considered the cases of the petitioners for the post of Professor under the Statute for time bound promotion under 16-25 years scheme and approved the said promotion w.e.f. 18.8.94. Pursuant to such approval, the name of the petitioners were recommended to the Ranchi University, Ranchi. The recommendation made by Nirmala College, Ranchi was placed before the Governing Body of the University and before the Commission and then they were recommended by it for the promotion to the post of Professor on 7.5.1999. Thereafter, they were given the time bound promotion to the post of Professor. Consequent there upon, Annexure-6 to the writ petitions was issued by the Registrar of the Ranchi University appointing the writ petitioners as Professor w.e.f. 18.8.94. Thereafter, on 24.6.03, a notification was issued by the Department of Human Resources Development, Government of Jharkhand, Ranchi in which the salary of the petitioners have been fixed in a lower scale of Reader ignoring their promotions as Professor. The representations were made by them but no heed has been paid by the respondent- authority. Hence, both the writ petitioners feeling aggrieved by the said order preferred the writ petitions. 4. The respondent-State contested the case and the only plea pressed into service is that the college of the petitioners was affiliated with Ranchi University up to Degree-II level w.e.f. 1971-72 as such their substantive date of appointment was fixed as 1.6.1971. Respondent No. 2 also supported the notification contained in Annexure-7 to the writ petitions and the University has not submitted any 'counter affidavit in spite of sufficient time given to it. 5. I have heard the learned counsel for the petitioners as well as the respondents. 6. The Learned counsel for the petitioners contended that the petitioners were appointed in the year 1969 and their date of substantive appointment would remain as 1969. The college was affiliated to the Ranchi University for Pre-Degree & Degree Level-I Arts Standard from the Academic Sessions 1969-70 and the subjects Hindi and History were also provided in the said affiliation, letter, which has been filed as Annexure-1 to the supplementary affidavit. The college was affiliated to the Ranchi University for Pre-Degree & Degree Level-I Arts Standard from the Academic Sessions 1969-70 and the subjects Hindi and History were also provided in the said affiliation, letter, which has been filed as Annexure-1 to the supplementary affidavit. He further pointed out that the Statute 15 of the University Act is very clear that if a person has completed 10 years of continuous service as Lecturer in one or more Universities within the State of Bihar provided that the service rendered in a degree college during the period the college was not affiliated in the subject concerned even up to the Intermediate standard, shall not be taken into account for the purpose of this Statute. He further pointed out that in the case of Readers and Professors also, the same provision has been made applicable in the Statute and as such, the Statute did not bar to the affiliated college must have been affiliated by the University for level-I Degree; it was further pointed out that Annexure-R/1 to the supplementary affidavit clearly reveals that Nirmala College had been affiliated for Pre-degree and Degree Level-I with the Ranchi University w.e.f. the Sessions 1969-70. 7. The learned counsel for the State refuted the contention and contended that the affiliation of the College was granted in the year 1971 for Degree Level-II and as such, the petitioners are not entitled to get the scale of Professor w.e.f. 1994 and they are entitled to get such promotion after completion of 25 years of their services after their substantive appointment. It was also contended that the college was affiliated to Degree-II in the year 1971 and as such, the substantive appointment of the petitioners would be deemed w.e.f. 1971 as stated in Annexure-7 to the writ petitions. 8. The learned counsel for the University could not demonstrate me whether the claim of the petitioners is not genuine or that the petitioners are not entitled to get the said pay scale from the date when the petitioners are claiming. The University could not rebut any document which has been filed by the petitioners in these writ petitions. 9. 8. The learned counsel for the University could not demonstrate me whether the claim of the petitioners is not genuine or that the petitioners are not entitled to get the said pay scale from the date when the petitioners are claiming. The University could not rebut any document which has been filed by the petitioners in these writ petitions. 9. It is apparent from perusal of the record that Nirmala College was granted affiliation by the respondents University up to Pre-Degree Level and Degree-I Level Arts Standard from the Academic Sessions 1969-70 and since then the teaching of the students of Pre-degree-I Arts Standard had been commencing in the said College and the petitioners joined the services of the College w.e.f. 18.8.69. The appointment letters of the said writ petitioners have been filed alongwith the writ petitions as Annexure-1 in each writ petition. The said appointment letters' have not been denied either by the University or by the State and the State has not filed any document that such affiliation has not been granted to the College by the Ranchi University. The University has also not disputed the said letter (Annexure-R/1 to the supplementary affidavit) filed along with the affidavit of the petitioners. The respondent State has not even made any averments by way of any affidavit that the letter Annexure-1 to the supplementary affidavit of the petition was never issued to the College and as such, it can be concluded that the College was affiliated to the Ranchi University w.e.f. Academic Sessions 1969-70 and the petitioners were appointed as Lecturers in the subjects of Hindi and History, respectively and the subjects were also included in the said affiliation letter. Now, it cannot be said by the State that there was no affiliation of the College up to Intermediate & Degree Courses Level-I. The University Statute 15 provides as under:- "1. Now, it cannot be said by the State that there was no affiliation of the College up to Intermediate & Degree Courses Level-I. The University Statute 15 provides as under:- "1. Notwithstanding anything to the contrary as contained in the Statutes, it is hereby provided that :- (1) A Lecturer, serving in an affiliated college (which includes colleges established and managed by religious and linguistic minority) managed and maintained by the Governing Body shall, on the recommendation of the Bihar Colleges Service Commission be promoted on the basis of time bound scheme to the post of Reader, subject to the following conditions:- (a) That, he hold the qualification as prescribed for the post of Lecturer under the Statute enforced at the time of his appointment as Lecturer and has fulfilled the conditions, if any attached thereto as laid down in the Statute; (b) That, he holds substantive appointment on the post of Lecturer; and (c) That, he has completed at least ten years of continuous service as Lecturer in one or more Universities within the State of Bihar: Provided that the service rendered in a degree college during the period the college was not affiliated in the subject concerned even up to the intermediate standard, shall not be taken into account for the purpose of this Statute: Provided further that the service rendered in more than one University within the State of Bihar shall be deemed to be continuous if the period elapsed between leaving the service of a University and joining the service of another University does not exceed the normal joining time as prescribed in the service Statute. (d) That deficit grant will be paid by the State Govt. only to the Lecturer working against posts sanctioned on or before 19 Oct., 1982 the colleges affiliated to the University on or before 19.10.82. (2) ........................... (3) A Reader possessing the qualification of a University Professor prescribed by the University Grants Commission serving in a University department or in an Affiliated Degree College, managed and maintained by the Governing Body and who has completed at least 16 years of continuous service as Lecturer/Reader in one or more Universities within the State of Bihar shall on recommendation of the Bihar College Service Commission be promoted to the post of University Professor. other conditions remaining the same." 10. other conditions remaining the same." 10. It is evident from perusal of the above extract of the Statute that the services rendered in the college during the period when the college was not affiliated even up to the intermediate standard shall not be taken into account for the purpose of computation of service for promotion. In other words, it can be said that if the College has been affiliated up to intermediate and Degree Level-I then the said Statute would be applicable for the time bound promotion of the teaching faculty. It is also evident from the above Statute that there is no bar that the college must have been affiliated up to the Degree Level- II. The learned counsel for the State could not demonstrate me any such Statute or any Government guidelines in consonance with the provisions of the University Act and the Statute that if the College had not been affiliated with the University up to Degree Level-II, the petitioners would not be entitled for the time bound promotions and in the facts and circumstances of the present case, the petitioners were appointed in the year 1969 and the College has been affiliated up to Degree Level- I by Annexure-R/1 to the supplementary affidavit and as such, the petitioners are entitled to get the time bound promotion from the date of appointment and the petitioners are entitled to get the benefit of the said time bound promotion as Professor scheme w.e.f. 18.8.94, which has already been given by the University as per Annexure-6 to the writ petitions. The State Government has ignored the said legal position and has passed an erroneous order. It is also pertinent to indicate that the petitioners pay fixation chart' Annexure-1 to the supplementary affidavit of the petition clearly indicates that they had been shown Professors of Hindi and History in Column No. 3 of the said Chart. Their date of promotion as Readers has been shown correctly as on 1.2.1985. In spite of showing them as Professors their claim of second promotion has been kept vacant, if the State had shown them Professors instead of Readers they cannot withhold the pay of the petitioners as Professor. The State has not submitted any rebuttal about the above fact. Their date of promotion as Readers has been shown correctly as on 1.2.1985. In spite of showing them as Professors their claim of second promotion has been kept vacant, if the State had shown them Professors instead of Readers they cannot withhold the pay of the petitioners as Professor. The State has not submitted any rebuttal about the above fact. The learned counsel for the State could not demonstrate me as to why they had been shown as Professors, why they had been allowed to draw the pay as Reader, thus the petitioners are entitled to get the salary of the Professor. 11. Under the said premises the petitioners are entitled to be promoted w.e.f.18.8.94 to the post of Professors and they are also entitled to get pay, allowance, salary and other benefits to this effect. The respondents are directed to consider the cases of the petitioners in the light of the above observations, expeditiously. 12. Needless to say that if the claim of the petitioners are allowed by the respondents, the arrears and other benefits of the petitioners shall be given preferably within three months from the date of the order. The writ petitions are disposed of accordingly. No order as to costs.