JUDGMENT : Pramath Patnaik, J. 1. In the accompanied writ application, the petitioner has sought for quashing of the order dated 24.07.2013 pertaining to rejection of application of the petitioner for counting his previous services and fixation of pay after joining at Birsa Agricultural University, which is in the teeth of Chapter XIV Clause 3 of the Statute, as has been adopted by the respondents-authorities and prayer has been made for quashing of the order dated 31.07.2009, pertaining to fixation of pay and the maximum pay-scale under Rule 78 A (III) of the Jharkhand Service Code and further prayer has been made for quashing of the order dated 15.03.2011, whereby the petitioner has been asked to apply in proper proforma meant for the purpose of Career Advancement Scheme and finally the petitioner has prayed for issuance of Mandamus directing the respondent to grant the due scale after counting the past services in terms of the Statute of the University. 2. The factual aspects, as has been delineated in the writ application, in a nutshell is that an advertisement was published by the Birsa Agricultural University, bearing No. 3/04 for various posts including the post of Assistant Professor-cum-Junior Scientist in the faculty of the Forestry. As per clause 4 of the said advertisement, it has been provided that as per the terms and conditions, the higher starting salary would be admissible to the highly qualified candidates on the recommendation of the Selection Committee. The petitioner, who was working on the post of Assistant Professor-cum-Junior Scientist in the Department of Forestry in the Rajendra Agricultural University, also applied in pursuance to the said Advertisement through proper channel. After due selection, the petitioner being found eligible, his case was recommended by the Selection Committee, wherein, it was specifically mentioned that there would be pay protection as per the Rules and Notification dated 17.09.2007 was issued by the respondents on the post of Assistant Professor-cum-Junior Scientist, silviculture (Forestry) and the said appointment was to contain two years of probation. It has been averred in the writ application that the petitioner was working with the Rajendra Agricultural University, since the year 1995 and after taking lien from the erstwhile institution, while the petitioner was working, the petitioner joined the respondent-University on 15.10.2007. At the relevant time, the petitioner was working as Assistant Professor-cum-Junior Scientist (Senior Grade) in the pay scale of Rs. At the relevant time, the petitioner was working as Assistant Professor-cum-Junior Scientist (Senior Grade) in the pay scale of Rs. 10,000-15,500/-since 1999 in the Rajendra Agricultural University. Chapter XIV of the Statute deals with the appointment of the University post and Rule 3 thereof provides for counting of previous services, subject to the certain conditions. It has further been averred in the writ application that since the petitioner was working on the said post earlier and fulfills all the conditions laid down in the said Statute, therefore, the past services ought to be counted, therefore, the petitioner made an application before the respondents-authority for consideration of his past services and fixation of his pay commensurate with the aforesaid Rules. In pursuance to the application submitted by the petitioner, the petitioner was intimated by the Director (Administration) to tender his resignation from the previous deptt., so that his case can be considered. The respondents-authorities vide Office order dated 31.07.2009 granted pay protection to the petitioner under Rule 78 A (iii), whereby half services of the petitioner was counted and other half of the services was not computed, as evident from Annexure-5 to the writ application. On receipt of the said order, the petitioner made objection contending therein, that the same was not applicable, since Rule 78 A (iii) is applicable for appointees of new post, who have been appointed under Rule 56 A. After repeated requests and objections, the respondents-authority issued another letter dated 4.12.2010, informing the petitioner to resign from the erstwhile University and No Objection Certificate be furnished, so that his case for grant of senior scale may be processed and considered as per Annexure-6 to the writ application. The petitioner was having the lien from the erstwhile University, was granted pay-scale of Rs.12,000-420-18,300/-in the pay-scale of Assistant Professor-cum-Junior Scientist for (selection grade). Thereafter the petitioner filed an appeal before the Chancellor against the action of the respondents-authorities. After being assured by the respondents for consideration of the past services, the petitioner tendered resignation, and the resignation was duly accepted by the erstwhile University. Thereafter the petitioner filed an appeal before the Chancellor against the action of the respondents-authorities. After being assured by the respondents for consideration of the past services, the petitioner tendered resignation, and the resignation was duly accepted by the erstwhile University. But, to the utter surprise and consternation, the claim of the petitioner was rejected by the respondents and he was intimated to apply in a proper proforma meant for the purpose of Career Advancement Scheme as per Annexure-10 to the writ application and the Appeal filed by the petitioner before the Chancellor was rejected vide order dated 24.07.2013. Being aggrieved by the action of the respondents in passing the impugned orders, whereby the previous services has not been counted and the petitioner has not been placed at the appropriate pay-scale, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances. 3. Learned senior counsel for the petitioner has vehemently submitted that the provision under Rule 78 A (iii) of the University Statute is not applicable with regard to the petitioner, since the petitioner was working on a higher pay scale prior to the joining in the respondent-University. Learned counsel further submits that as per Chapter XIV of the Statute and more particularly Rule (iii) deals with the counting of the past services and the action of the respondents in debarring the petitioner from computing his services is in breach of Articles 14, 16 and 21 of the Constitution of India. Learned senior counsel further submits that the petitioner after requests to the University and the assurances given by the respondents, was of the bona fide impression, that the past services would be counted but the respondents seems to have taken a summersault from their earlier assurances by issuing the impugned orders, which has given a serious dent to the service career of the petitioner. 4. A counter-affidavit dated 24.03.2015 has been filed on behalf of the respondents. 4. A counter-affidavit dated 24.03.2015 has been filed on behalf of the respondents. In the counter affidavit, it has been submitted that under Section 25 (II) of the Jharkhand Agricultural University Act, 2000, which defines that no University or any College or its Institution shall create any teaching or non-teaching posts involving financial liability nor shall increase the pay and allowances of its staffs without prior sanction of the State Government and in this connection, the Chancellor’s Secretariat as well as the Agriculture and Sugarcane Development Department, Government of Jharkhand have already taken up the matter and objected to grievances and rejected the representation of the petitioner vide Annexure-11 and 12 to the writ petition. The petitioner has not impleaded the Agriculture and Sugarcane Development Department, Government of Jharkhand as a party-respondent in this writ petition. It has been averred that in absence of the relevant Statute of the University, the Statute of the State Government as laid down in Jharkhand Service Code is applicable. It has further been averred that the respondents-University has already fixed the pay in the maximum level pay scale of Rs.8,000-13,500/-due to higher qualification of the petitioner and the scale of Rs.12000-18300/-cannot be granted to the petitioner without adopting the procedure by the present employer as per the University Rule, so, it cannot be said to be illegal or arbitrary. It has further been averred that as per the statute, the respondents shall fix the pay scale of the petitioner under CAS Scheme with other similar employees of the University which is under process in the University. 5. Mr. A. Allam, learned senior counsel appearing for the Respondents-Birsa Agricultural University has reiterated the submissions made in the counter affidavit. Learned senior counsel for the Respondents-B.A.U. has submitted that the action of the respondents-University is neither colourable exercise of powers nor in violation of principles of natural justice. Learned senior counsel further submits that the petitioner has not mentioned the clause of Service Code which provides for counting the previous service and now process for next scale is under task, so it cannot be said that the previous service of the petitioner is not being counted. Learned senior counsel further submits that the petitioner has not mentioned the clause of Service Code which provides for counting the previous service and now process for next scale is under task, so it cannot be said that the previous service of the petitioner is not being counted. Learned senior counsel further submits that the petitioner has not impleaded the Agriculture and Sugarcane Development Department, Government of Jharkhand as a party-respondent in this writ petition and, therefore, this writ petition is liable to be dismissed due to non-joinder of necessary party. 6. A rejoinder to the counter affidavit filed by Respondents-Birsa Agricultural University has been filed by the petitioner on 01.04.2015, wherein, it has been submitted that the post of Assistant Professor-cum-Junior Scientist (Senior Scale) i.e. 10,000-325-15,200/-and (Selection Grade) i.e. 12,000-420-18,300/-are never advertised and the same are ladder post granted after certain year of experience and in the present facts and circumstances, the petitioner possesses 12 years of experience in the same post, thus the case of the petitioner is fit to be considered in accordance with the provisions of Act and Statute of Birsa Agricultural University, specifically Chapter XIV of the Statute as the same deals with Appointment to University post and certain procedure thereof. It has further been stated that the petitioner duly appeared before the Interview Board and was selected securing 84 marks (highest amongst the other candidates) and the concerned board had in clear terms said that the pay of the petitioner will be protected as per Government Rules. Further, the said act will be applicable in the present facts and circumstances. It has further been submitted that the respondents authorities are relying upon the Government Rule provided under Jharkhand Service Code (Rule 78) and on the other hand, have relied upon the Jharkhand Agricultural University Act, 2000, stating therein that under Section 25 (iii) of the Act, no university or any college or its institution shall create any teaching or non-teaching post involving financial liability nor shall increase the pay and allowances of its staffs without prior sanction of the Government and thus, the stand taken by the respondents authorities is in contradiction and further the post of Assistant Professor-cum-Junior Scientist (selection grade) is not a new post that requires prior approval of the State Government and it has been a usual practice of absorbing experienced and qualified personnel on such posts. With regard to impleadment of the Agriculture and Sugarcane Department, Govt. of Jharkhand, it has been stated that the said Department is not directly involved and the same is not required, moreover the University is the competent authority to look into the matter. It has further been averred that the petitioner has not been granted the maximum pay scale as the maximum pay scale for the post of Assistant Professor-cum-Junior Scientist is 12,000-420-18,300/-and not 8,000-13,500/-and so far as the procedure of Career Advancement Scheme is concerned, the petitioner has already qualified for the same under the Rajendra Agricultural University, where he was posted earlier. It has further been averred that it is a settled position that special laws would prevail over the general laws and as such the Act and Statute of Birsa Agricultural University is binding upon the University and Jharkhand Service Code would not be applicable in the present facts and circumstances of the case. 7. Having bestowed my anxious consideration to the rivalised submissions and on perusal of the records, this Court is of the considered view that the petitioner has been able to make out a case for interference due to the following facts and reasons : - (i) The post of Assistant Professor-cum-Junior Scientist (Senior Scale) i.e. 10,000-325-15,200/-and (Selection Grade) i.e. 12,000-420-18,300/-are never advertised and the same are ladder post granted after certain year of experience and in the present facts and circumstances, the petitioner possesses 12 years of experience in the same post, thus the case of the petitioner is fit to be considered in accordance with the provisions of Act and Statute of Birsa Agricultural University, specifically Chapter XIV of the Statute as the same deals with Appointment to University post and certain procedure thereof. (ii) The petitioner duly appeared before the Interview Board and was selected securing 84 marks (highest amongst the other candidates) and the concerned board had in clear terms said that the pay of the petitioner will be protected as per Government Rules. (ii) The petitioner duly appeared before the Interview Board and was selected securing 84 marks (highest amongst the other candidates) and the concerned board had in clear terms said that the pay of the petitioner will be protected as per Government Rules. (iii) The respondents authorities are relying upon the Government Rule provided under Jharkhand Service Code (Rule 78) and on the other hand, have relied upon the Jharkhand Agricultural University Act, 2000, stating therein that under Section 25 (iii) of the Act, no university or any college or its institution shall create any teaching or nonteaching post involving financial liability nor shall increase the pay and allowances of its staffs without prior sanction of the Government and thus, the stand taken by the respondents authorities is in contradiction and further the post of Assistant Professor-cum-Junior Scientist (selection grade) is not a new post that requires prior approval of the State Government and it has been a usual practice of absorbing experienced and qualified personnel on such posts. (iv) Now it is a well settled proposition of law and no more res integra that special laws would prevail over the general laws and as such the Act and Statute of Birsa Agricultural University is binding upon the University and Jharkhand Service Code would not be applicable in the present facts and circumstances of the case. 8. In view of the reasons stated in the foregoing paragraphs and as a logical sequitur, the impugned orders dated 24.07.2013 (Annexure-11), 31.07.2009 (Annexure-5) and 15.03.2011 (Annexure-10) are hereby quashed and set aside and the respondent are directed to grant the due scale after counting the past services of the petitioner in terms of the Statute of the University and in accordance with law within a period of 12 weeks from the date of receipt/communication of the order. 9. Resultantly, the writ petition stands allowed. Petition allowed.