JUDGMENT : Rakesh Thapliyal, J. 1. Initially, petitioner was inducted in service as Lecturer (Chemistry) on ad hoc basis, pursuant to the appointment letter dated 25.03.1980 in the Constituent College (later known as ‘Sobhan Singh Jeena Campus, Almora’). The said ad hoc appointment letter of the petitioner was issued by the Vice Chancellor of the Kumaun University, in exercise of powers conferred by Section 13 (6) and (8) of the U.P. State Universities Act, 1973. Pursuant to his appointment, the petitioner joined on the said post on 01.04.1980, as it appears from the appointment letter appended to the writ petition as Annexure No. 1. Petitioner was appointed in the pay-scale of Rs.700-1600. Subsequently, on the recommendations of the Selection Committee constituted under Section 31 (4) (a) of the U.P. State Universities Act, 1973, petitioner was appointed on temporary basis in Constituent College, Almora by the order dated 19.07.1986 and, subsequently, by the order dated 23.01.1990, service of the petitioner was confirmed w.e.f. 01.11.1988. The order of confirmation was issued by the Vice Chancellor of the Kumaun University, Nainital. Thereafter, by order dated 28.12.1993, the petitioner was granted senior scale of Rs. 3,000-5,000/- with effect from 21.07.1991. Senior scale was given to the petitioner on the recommendations of the Executive Council of the University on its meeting held on 28.12.1993. The erstwhile State of Uttar Pradesh issued a Government Order No. 91.GI/15-11-88-14(5)-87 dated 07.01.1989, wherein a provision has been made for grant of Senior Scale/ Selection Grade under the Career Advancement Scheme and the eligibility is prescribed under Clause-10 of the said Government Order, which reads as under : “10. Eligibility.-Lecturer in University or in an affiliated/ associated college will be eligible for placement in a Senior Scale of Rs.3000-5000 if he/she has: (a) Completed 8 years of continuous and full-time service after regular appointment. This service must have been rendered on an approved post after regular selection in Permanent or Temporary capacity in any University or Post Graduate or Under-Graduate degree college or Institute (imparting instructions in degree and/or Post-graduate courses and/or guiding research) but shall not include service rendered in ad hoc capacity. Provided that benefit of one year or three years, as the case may be, will be allowed to such lecturer as possesses M. Phil. Provided that benefit of one year or three years, as the case may be, will be allowed to such lecturer as possesses M. Phil. or Doctorate Degree; (b) Participated in two refresher courses/summer institutes each of approximately four weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may specified by U.G.C.; and (c) Consistently satisfactory performance appraisal reports.” 2. Thereafter, by the subsequent Government Order dated 30.06.1992, certain amendments were carried out in the earlier Government Order dated 07.01.1989, whereby amendments were made in respect of eligibility. Thereafter, by the subsequent Government Order dated 30.06.1992, certain amendments were carried out in the earlier Government Order dated 07.01.1989, whereby amendments were made in respect of eligibility. The relevant extracts of this order, which is appended to the writ petition as Annexure No. 6, is being quoted hereinbelow : ^^fo"k;%&fo'ofo|ky;@egkfon~;ky;ksa esa izoDrkvksa dks dSfj;j ,MokUlesaV Ldhe ds vUrxZr lhfu;j Ldsy@lsysD'ku xzsM nsus ds fy, iwoZ lsokvksa dh x.kuk fd;s tkus ds lEcU/k easA egksn;] fo'ofon~;ky;ksa rFkk egkfon~;ky;ksa esa v/;kidksa ds osruekuksa dks iqujhf{kr fd;s tkus rFkk mPp f'k{kk ds ekud Lrj cuk;s j[kus ds mik;ksa ls lEcfU/kr 'kklukns'k la[;k&91@th0vkbZ0@15-11-88&14¼5½@87 fnukad 7 tuojh] 1989 ds layXud&2 ds izLrj la[;k&10@12 ds vuqlkj dSfj;j ,MokUlesaV Ldhe ds vUrxZr lhfu;j Ldsy@lsysD'ku xzsM gsrq vgZrk dh 'krsZa la'kksf/kr djrs gq, jkT;iky egksn; us m0iz0 jkT; fo'ofon~;ky; vf/kfu;e 1973 }kjk fu;af=r fo'ofon~;ky;ksa rFkk muls lEc)@lg;qDr egkfon~;ky;ksa] laiw.kkZuan laLd`r fo'ofon~;ky;] okjk.klh ls lEc) egkfon~;ky;ksa dks NksM+dj ds iw.kZdkfyd v/;kidksa ds fy, fuEukuqlkj 'krsZa fu/kkZfjr djus dh lg"kZ lgefr iznku dj nh gS%& ¼1½ izoDrk ds in ij ofj".k osrueku@p;u osrueku ds fy, jktdks"k ls lgk;rk izkIr v'kkldh; egkfo|ky;] jkT; fo'ofo|ky; rFkk izns'k ds dsUnzh; fo'ofo|ky;@us'kuy yscksjsVjh vFkok lkabfVfQd vkxsZukbts'ku ¼lh0,l0vkbZ0vkj0] vkbZ0lh0,0vkj0] Mh0vkj0Mh0vks0] ;w0th0lh0 vFkok buds v/khu us'kuy yscksjsVjh] lkbafVfQd vkxsZukbts'ku ds fy, fn;k tk ldrk gS] ;fn lsokvksa esa fujarjrk gks vkSj dksbZ O;o/kku u gks rFkk fuEufyf[kr 'krsZa iw.kZ gks jgh gksa%& ¼d½ iwoZ lsok dk in izoDrk ds leku osrueku dk jgk gksA ¼[k½ izoDrk ds in ds fy, tks 'kSf{kd vgZrk,a fu/kkZfjr gSa] iwoZ in ij vgZrk muls fuEu Js.kh dh u jgh gksA ¼x½ lEcfU/kr izoDrk fu/kkZfjr U;wure 'kSf{kd vgZrk j[krk gks] ¼?k½ in ij p;u fu/kkZfjr izfØ;k ds vuqlkj fd;k x;k gksA ¼p½ rnFkZ fu;qfDr vFkok vodk'k fjfDr esa fu;qfDr o ,d o"kZ ls vof/k dh u jgh gksA ¼N½ ofj"B osrueku@p;u osrueku nsus ds QyLo:i ,sls izoDrkvksa dks laoxZ esa iwoZ lsok ds vk/kkj ij ofj"Brk dk dksbZ Dyse ugha gksxkA ¼t½ mijksDr ds ifj.kkeLoji isa'ku ;kstuk esa orZeku esa izkfo/kkfur O;oLFkk ds vfrfjDr dksbZ vfrfjDr ykHk vuqeU; ugha gksxkA ¼2½ eq>s ;g dgus dk funsZ'k gqvk gS fd bl 'kklukns'k dh 'ks"k 'krsZa 'kklukns'k la[;k&91&th0vkbZ0@15&11&88&14¼5½@87] fnukad 7&1&1989 ds vuqlkj gksaxhA ¼3½ jktdh; egkfo|ky;ksa ds f'k{kdksa ds lEcU/k esa vyx ls fopkj gks jgk gSA ¼4½ ;s vkns'k for foHkkx dh 'kkldh; la[;k&bZ&11@1342@nl&92] fnukad 30 twu] 1992 eas izkIr mudh lgefr ls fuxZr fd;s tk jgs gSA** 3. Thereafter, for the purpose of grant of personal promotion to the incumbent on the post of Reader and Professor in the Department of Chemistry, a Selection Committee was constituted by the University. However, the petitioner was not called for consideration, since his ad hoc service on the post of Lecturer was not taken into consideration. Subsequently, the petitioner approached the High Court of Judicature at Allahabad by preferring a Writ Petition bearing no. 11850 of 1998, and the Allahabad High Court granted an interim order on 02.04.1998 whereby the University was directed to consider the case of the petitioner for personal promotion as per Rules/Statute-with a rider, that his result will not be declared until further orders of the Court. The said interim order is enclosed in the writ petition as Annexure-7 to the writ petition. Thereafter, in compliance of interim order of the High Court, the petitioner was called for interview. Subsequently, the Registrar, Kumaun University issued Office Letter dated 26.09.1998, whereby, petitioner was informed that the Executive Council of the University, in its 74th meeting, held on 11.07.1998 under Agenda Point No. 16 and Agenda Point No. 40(5) has taken a decision to consider the service rendered by the petitioner in ad hoc capacity for the purpose of grant of Senior Scale / personal promotion to the post of Reader (Upacharya). The decision of the Executive Council under Agenda Point No. 16, as mentioned in Office Letter dated 26.09.1998, is being reproduced below : ^^bl lEcU/k esa eq>s lwfpr djuk gS fd dk;Zifj"kn~ dh 74 oh cSBd fnukad 11-07-1998 ds en la[;k&16 ,oa en la[;k&40 ds dzekad&5 ij p;u osrueku ls lEcfU/kr p;u lfefr dh laLrqfr ds lanHkZ esas dk;Zifj"kn~ }kjk fuEufyf[kr fu.kZ; fy;k x;k gS& en la[;k&16% f'k{kdksa }kjk fu;fer fu;qfDr ls iwoZ rnFkZ :i ls dh xbZ lsok vof/k dk ykHk ofj"B@p;u osrueku ,oa mikpk;Z in ij oS;fDrd izksUufr gsrq fn, tkus ij fopkj& dk;Zifj"kn~ }kjk 'kklukns'k ,oa ifjfu;eksa ds vUrxZr mDr izlax ij foLr`r fopkj&foe'kZ fd;k x;k rFkk mPpre U;k;ky; ds fu.kZ; ds vkyksd esa ;g er O;Dr fd;k fd pwafd lEcfU/kr izoDrkvksa dk xSi ¼O;o/kku½ fo'ofo|ky; Lrj ij gqvk gS rFkk lEcfU/kr izoDrk blds fy, mRrjnk;h ugha gS vr% dk;Zifj"kn~ us loZ lEefr ls fu.kZ; fy;k fd lEcfU/kr f'k{kdksa ds dqekÅ¡ fo'ofo|ky; esa izoDrk ds :i esa rnFkZ lsok dky esa xSi ¼O;/kku½ dks d.Mksu djrs gq, rnFkZ lsok dks ofj"B@p;u osrueku ds ykHk gsrq tksM+ fn;k tk; fdUrq ofj"Brk gsrq izoDrk in ij fu;fer fu;qfDr ds dk;ZHkkj xzg.k dh frfFk gh ekU; gksxhA ifj"kn~ us ;g Hkh fu.kZ; fy;k fd& ¼1½ ekuuh; mPpre U;k;ku; ds fu.kZ; ds vkyksd esa ifjfu;e esa la'kks/ku gsrq 'kklu dks izdj.k lanfHkZr fd;k tk;A ¼2½ lEcfU/kr izoDrkvksa dks mDr ds dkj.k psru dk ,fj;j 'kklu ls Lohd`fr izkIr gksus ds mijkUr ghs Hkqxrku fd;k tk;A lEcfU/kr izoDrkvksa dks mDr ykHk muls v.VjVsfdax izkIr gksus ds mijkUr ghs fn;k tk;A^^ 4. In the said Letter, a further decision of the Executive Council has been communicated, which was taken under Agenda Point No. 40 (5), wherein, a decision was taken that benefit shall be granted to the petitioner, provided, he withdraws his pending writ petition. As per the decision of the Executive Council under Agenda Point No. 40(5), petitioner withdrew his writ petition No. 11850 of 1998 on 20.11.1998. 5. It appears from the extract of the decision in respect of Agenda Point No. 16, as mentioned in the Letter dated 26.09.1998, that arrears of salary will be paid after approval of the Government. As per the decision of the Executive Council under Agenda Point No. 40(5), petitioner withdrew his writ petition No. 11850 of 1998 on 20.11.1998. 5. It appears from the extract of the decision in respect of Agenda Point No. 16, as mentioned in the Letter dated 26.09.1998, that arrears of salary will be paid after approval of the Government. The matter was pending for consideration for grant of the aforesaid benefit with the Government, and by that time petitioner had completed the required length of service for regular promotion-without computing the ad hoc period of service rendered by him, for grant of benefit of Selection Scale/personal promotion to the post of Reader. Consequently, the petitioner was granted personal promotion to the post of Reader with effect from 21.07.1999 under the Career Advancement Scheme and this personal promotion was granted in the light of Government Order dated 07.01.1989 under which there was a provision for computation of ad hoc period of service for eligibility. 6. As contended by learned counsel for the petitioner, which also appears from Office Letter dated 26.07.1999, that the said personal promotion to the post of Reader was given to the petitioner w.e.f. 21.07.1999 without computing the period of ad hoc service rendered by the petitioner. 7. At this juncture, a reference may be made to the Office Letter dated 28.05.1999 issued by the Registrar, Kumaun University to the Government, wherein a reference has been made to the decision taken by the Executive Council in its 74th meeting held on 11.07.1998 under the Agenda Point No. 16 and Agenda Point No. 40 (5), and approval granted by the Executive Council on the recommendations of the Selection Committee for grant of Selection Scale/personal promotion to the post of Reader to the petitioner, subject to the condition that appointment letter will be issued, after approval of the Government. The relevant extract of the Office Letter dated 28.05.1999 is reproduced hereinbelow : ^^f'k{kdksa dks rnFkZ lsok dk ykHk fn;s tkus ds lEcU/k esa MkŒ dk.Miky dks oS;fDrd izksUufr fn;s tkus ds lEcU/k esa dk;Zifj"kn dh cSBd fnukad 11-07-1998 ds en la[;k&16 ,oe~ en la[;k&40¼5½ ij fy;k x;k fu.kZ; ifjf'k"V&1 esa izLrqr gSA MkŒ dk.Miky }kjk ekuuh; U;k;ky; ls okn okil ysus ds QyLo:i ekuuh; U;k;ky; }kjk mDr okn [kkfjt dj fn;k x;k gSA dk;Zifj"kn }kjk fnukad 19-02-1999 dh cSBd esa en la[;k&32 ij lEiw.kZ izdj.k ij fuEu fu.kZ; fy;k%& MkŒ,uŒMhŒ dk.Miky jlk;u foKku foHkkx] vyeksM+k ifjlj vyeksM+k ds p;u osrueku@mikpk;Z in ij oS;fDrd izksUufr gsrq p;u lfefr dh dk;Zokgh ij ifj"kn us lE;d :i ls fopkjksijkUr p;u lfefr dh laLrqfr;ksa dk vuqeksnu fd;k ,oa fu.kZ; fy;k fd fu;qfDr i= 'kklu ls vuqefr izkIr gksus ds mijkUr fuxZr fd;k tk;A bl lEcU/k esa 'kklu ls vuqefr izkIr gksus ds mijkUr fu.kZ; fd;k tk;A bl lEcU/k esa 'kklu ls vuqefr izkIr gksus rd ,sls lHkh ekeyks ij 'kklukns'k ,oa ifjfu;ekoyh ds vUrxZr dk;Zokgh dh tk,xhA MkŒ,uŒMhŒ dk.Miky dh laokvksa dk fooj.k fuEuor gS%& 1- izoDrk in ij rnFkZ :i ls dk;ZHkkj xzg.k frfFk & 01-04-1980 2- izoDrk in ij fu;fer fu;qfDr ds QyLo:i dk;ZHkkj xzg.k frfFk& 21-07-1986 3- ofj"B osrueku Lohd`r fd;s tkus dh frfFk& 21-07-1991 4- rnFkZ lsokdky 6 o"kZ] 3 ekg 20 fnu^^ 8. This Office Letter dated 28.05.1999 is enclosed in the Writ Petition as Annexure-9, wherein, details of the ad hoc service rendered by the petitioner is mentioned. Since, no decision was taken by the Government and the issue was kept pending, subsequently, as stated above, the petitioner was granted Selection Scale /personal promotion to the post of Reader by the order dated 26.07.1999, and this benefit was granted without considering ad hoc service rendered by the petitioner. 9. In the meantime, the State of Uttar Pradesh was bifurcated and after bifurcation of the State, the State of Uttarakhand was carved out from the State of U.P. on 09.11.2000. 9. In the meantime, the State of Uttar Pradesh was bifurcated and after bifurcation of the State, the State of Uttarakhand was carved out from the State of U.P. on 09.11.2000. After creation of State of Uttarakhand, the Registrar, Kumaun University issued Office Letter dated 09.07.2002 to the Secretary, Higher Education, Government of Uttarakhand, wherein, a reference has been given to the earlier Office Letter dated 28.05.1999, a reference of which has been given above, and by this letter the Registrar-by enclosing letter dated 28.05.1999, stated that no decision has been taken by the State Government in respect of computation of ad hoc service rendered by the petitioner for grant of benefit for the purpose of personal promotion to the post of Reader, though, petitioner has been granted promotion to the post of Reader. By this letter, the Registrar requested the Government to take decision. Several communications were sent to the Government by the University Authorities, and even the petitioner had also submitted representations through proper channel, copy of which is also enclosed in the writ petition as Annexure No. 17, and statement to this effect has been categorically pleaded by the petitioner in paragraphs no. 16 and 21 of the writ petition. In the meantime, the petitioner was further granted personal promotion to the post of Professor vide order dated 23.05.2009 on the recommendations of the Selection Committee approved by the Executive Council in its meeting held on 23.05.2009 in the pay scale of Rs.16400 – 22400. The said order of personal promotion to the post of Professor is enclosed in the writ petition as Annexure No. 13, wherein name of the petitioner is figured at serial no. 3 and subsequently, by office order dated 03.12.2009, the petitioner was sanctioned the pay scale of Rs.37400 – 67000 with grade pay Rs.10,000/- in Pay Band 4 with effect from 13.07.2007. 10. 3 and subsequently, by office order dated 03.12.2009, the petitioner was sanctioned the pay scale of Rs.37400 – 67000 with grade pay Rs.10,000/- in Pay Band 4 with effect from 13.07.2007. 10. Finally, the State Government has taken a decision by its order dated 16.05.2017-in respect of computation of ad hoc period, for grant of benefit of Senior Scale / personal promotion to the post of Reader, which was pending since long back for consideration with the State Government and the decision, as taken by the State Government, is being reproduced below : ^^bl laca/k esa lE;d fopkjksijkUr eq>s dgus dk funsZ'k gqvk gS fd MkWŒ,uŒMhŒ dk.Miky dh rnFkZ :i ls izoDrk jlk;u ds in ij fnukad 01-04-1980 ls 21-07-1986 rd dh x;h lsok,s mudh ofj"Brk ;k izksUufr ds fy, x.kuk esa fy;k tkuk fof/kd n`f"Vdks.k ls mi;qDr ik;k x;k gSA vr% di;k izdj.k in rnuqlkj fu;ekuqdwy vxzsRrj vko';d dk;Zokgh djus dk d"V djsaA^^ 11. It appears from the decision taken by the State Government by the order dated 16.05.2017 that the computation of ad hoc period of service rendered by the petitioner on the post of Lecturer (Chemistry) with effect from 01.04.1980 to 21.07.1986 is acceptable and justified for the purpose of granting seniority and promotion, and almost after passing of three years, the Registrar of the Kumaun University issued an office order dated 23.01.2021, wherein a reference has been made of the Government Order dated 16.05.2017, which was placed before the Vice Chancellor, Kumaun University, who in turn, approved the same and then it was placed before the Executive Council and the Executive Council in its 144th meeting held on 27.11.2020 took a decision under Agenda Point No. 36 that service rendered by the petitioner in ad hoc capacity on the post of Lecturer (Chemistry) i.e. 01.04.1980 to 21.07.1986 is approved and the said period will be taken into consideration for the purpose of grant of seniority and promotion. The relevant extract of this order dated 23.01.2021, which is appended to the writ petition as Annexure No. 20, is being reproduced hereinbelow : ^^mijksDr ds dze esa 'kklu ds i= la[;k 1110/XXIV(6)/2011-01-(56)/2016, fnukad 16 ebZ] 2017 ds }kjk fo'ofo|ky; ds iwoZ izsf"kr i=ksa ds dze esa MkWŒ,uŒMhŒ dk.Miky dh rnFkZ :i ls izoDrk jlk;u fo"k; ds in ij fnukad 01-04-1980 ls 21-07-186 rd dh lsok dks mudh ofj"Brk ;k izksUufr ds fy;s x.kuk ls fof/kd :i ls mi;qDr ik;s tkuk crkrs gq, izdj.k ij rnuqlkj fu;ekuqlkj vxzsRrj vok';d dk;Zokgh djus ds funsZ'k fn;s x;s gSaA mDr ij ekŒ dqyifr egksn; ds Lohd`fr ds mijkUr fo'ofo|ky; dk;Zifj"kn dh fnukad 27-11-2020 dks lEiUu 144oha cSBd ds in lŒ 36 }kjk izksŒdk.Miky dh rnFkZ :i ls izoDrk j;k;u foKku ds in ij fnukad 01-04-1980 ls 21-07-1986 rd dh lsok,sa mudh ofj"Brk ,oa izksUufr ds fy, x.kuk esa fy;s tkus dh 'kklu dh Lohd`fr ij dk;Zifj"kn }kjk voyksdu o vuqeksnu fd;k x;k gSA rnuqlkj izksŒ dk.Miky dks mDr lsokvksa dk ykHk fu;ekuqlkj ns; gSA^^ 12. Thereafter, petitioner represented to the respondents Authorities for re-fixation of his salary on the basis of approval of the State Government as well as of the Executive Council for taking into consideration the period of ad hoc service and thereafter, Assistant Accounts Officer of the Soban Singh Jeena Campus, Almora wrote a letter to the Registrar, Kumaon University on 26.02.2021, seeking a clarification that whether re-fixation of the pay of the petitioner can be done. Pursuant thereto, the Registrar, Kumaun University, informed the Assistant Accounts Officer by its office letter dated 06.03.2021 that re-fixation of the salary of the petitioner should be done at the level of Assistant Accounts Officer, Soban Singh Jeena Campus, Almora. This office order is enclosed as Annexure No. 22 to the writ petition. Pursuant thereto, the Registrar, Kumaun University, informed the Assistant Accounts Officer by its office letter dated 06.03.2021 that re-fixation of the salary of the petitioner should be done at the level of Assistant Accounts Officer, Soban Singh Jeena Campus, Almora. This office order is enclosed as Annexure No. 22 to the writ petition. Since no action has been taken by the authorities despite the Government Order dated 16.05.2017, the petitioner has preferred this writ petition seeking following reliefs : "i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to release the arrears of salary to the petitioner after re-fixation of his salary in compliance of the Government Order dated 16.05.2017, letter dated 23.01.2021 and 06.03.2021 issued on behalf of V.C., Kumaun University, whereby the government and the university both have already approved / permitted inclusion / consideration of the ad hoc services rendered by the petitioner for grant of senior scale / selection grade / promotion." 13. In response to the writ petition, on behalf of respondent no. 6 - Secretary, Higher Education, Deputy Secretary has filed a counter affidavit. In paragraph no. 3 of the counter affidavit, it has been contended by the said respondent that as per Government Order dated 16.05.2017, the period of ad hoc service is taken into consideration only for the purpose of granting seniority and promotion, and not for re-fixation of salary. In the counter affidavit, a further reference has been made of the order dated 19.09.2014 passed by the Chancellor in case of another incumbent Professor R.S. Pathni. 14. Apart from this, the said respondent has further contended in the counter affidavit that a meeting was held on 29.07.2021 of the Vice Chancellors of both the Universities i.e. Kumaun University and Soban Singh Jeena Campus, Almora and a decision was taken that Soban Singh Jeena Campus is now established as a new University known as Soban Singh Jeena University, Almora, hence, the educational and administrative activities related to Soban Singh Jeena University are being executed under the control of the Vice Chancellor of Soban Singh Jeena University, therefore, all the actions have to be taken by the respondent nos. 3, 4 and 5 only. 15. In reply thereto, the petitioner has filed a rejoinder affidavit. 3, 4 and 5 only. 15. In reply thereto, the petitioner has filed a rejoinder affidavit. Averments of the answering respondent are denied by the petitioner in the rejoinder affidavit and petitioner has contended that the case of another incumbent viz. Professsor R.S. Pathni is totally different, since Professor R.S. Pathni had prayed only for grant of seniority, and his case cannot be compared with the petitioner and the instance of Professor R.S. Pathni is neither relevant nor germane to the controversy, as raised in the writ petition. In reference to this, petitioner has enclosed the application of Professor R.S. Pathni in the rejoinder affidavit. Petitioner has also enclosed in the rejoinder affidavit, the letter of the University Grants Commission dated 21.06.2021, which was addressed to the Government of Rajasthan, and by giving reference of this letter, he specifically pleaded that financial benefit to the teachers under the Career Advancement Scheme are admissible from the date of eligibility. 16. Respondents no. 1 and 2 have also filed their counter affidavit jointly, and on perusal of the counter affidavit, it appears that the said respondents in the counter affidavit support the contentions of the petitioner. It appears from paragraph no. 3 of the counter affidavit that the Kumaun University has taken a decision for grant of benefit, as claimed by the petitioner, and the University has, from time to time sent letters to the Government for taking decision in the light Government Order dated 30.06.1992. In paragraph 5 of the counter affidavit, a specific averment has been made that a detailed proposal was sent to the Government by letter dated 28.05.1999 in which, in fact, a reference of the decision of the Executive Council has been made, which clearly reveals that the Executive Council has approved the computation of ad hoc period of service rendered by the petitioner. 17. 17. After hearing learned counsel for the parties at length and perusing the entire record, it appears that the claim, as sought by the petitioner, appears to be justified, in view of the decision taken by the State Government by Government Order dated 30.06.1992, whereby certain amendments were carried out in the earlier Government Order dated 07.01.1989 in respect of eligibility for grant of Senior Scale / Selection Grade, and by amending the eligibility (by this Government Order), the period rendered in the ad hoc capacity was decided to be taken into consideration for grant of such benefit, which the petitioner is claiming in this writ petition. 18. We have also gone through the Government Order dated 16.05.2017 in which it is mentioned that the period of ad hoc services i.e. from 01.04.1980 to 21.07.1986 will be taken into consideration for the purpose of grant of seniority and promotion. If this Government Order dated 16.05.2017 is read with the Government Order dated 30.06.1992 - the relevant extract of which is also reproduced above, then it clearly establishes that ad hoc period has to be computed not only for the purpose of seniority and promotion, but also for the purpose of financial benefits, which itself is evident from Clause 1 of the Government Order dated 30.06.1992. 19. Apart from this, we have carefully perused the office order dated 23.01.2021, extract of which is also quoted above. The observations of the Registrar in the concluding paragraph of this office order dated 23.01.2021 is nothing but misinterpretation of the Government Order dated 16.05.2017, which, in fact, should be read with the Government Order dated 30.06.1992. 20. We have carefully perused the relief sought by the petitioner and it appears that in fact, the benefit, as claimed by the petitioner in this writ petition, is not being given because of the observations made by the Registrar in the office order dated 23.01.2021, and that is perhaps the reason that the petitioner has been driven to invoke jurisdiction of this Court under Article 226 of the Constitution of India by filing this writ petition. 21. After going through the Government Order dated 07.01.1989, which was subsequently amended by the Government by Order dated 30.06.1992, as well as Government Order dated 16.05.2017, the petitioner is entitled to get relief, as sought in the writ petition. 21. After going through the Government Order dated 07.01.1989, which was subsequently amended by the Government by Order dated 30.06.1992, as well as Government Order dated 16.05.2017, the petitioner is entitled to get relief, as sought in the writ petition. The period of service rendered by the petitioner, as Lecturer (Chemistry) in ad hoc capacity which commences from 01.04.1980 and was upto 21.07.1986, has to be taken into consideration for the purpose of grant of financial benefits including arrears of salary. It is certainly inaction on the part of the respondents that this matter was pending before the State Government since the date the University sent the letter to the State of Uttar Pradesh and the final decision was taken by the State Government on 16.05.2017. The benefit, as claimed by the petitioner, which was approved by the Executive Council of the University, has yet not been paid. Once the petitioner has been granted the benefit of his ad hoc service for grant of promotion, the respondents cannot deny to him the financial benefits that flow from it. The petitioner cannot be denied the pay scale prescribed for the promotional post under the service Rules, else it will lead to discrepancy. 22. In view of the above observations, the present writ petition is allowed and a writ of Mandamus is being issued to the respondents to compute ad hoc service of the petitioner i.e. from 01.04.1980 to 21.07.1986 for the purpose of re-fixation of his salary and after such computation and re-fixation of his salary, the respondents shall release arrears of salary. This entire exercise shall be carried out within a period of three months from the date of production of certified copy of this order. It is made clear that if the entire exercise is not completed within the aforesaid period, as stipulated above, then the petitioner is also entitled to get penal interest at the rate of 6% per annum on such arrears, which comes after computation of ad hoc period of service, on expiry of period of three months, till the date actual payment is made. No order as costs.