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"Release of one increment at `420/- in the pre- revised scale of `12000-18300/- as on 01.01.2006 and 3(three) non-compounded increments for obtaining the degree of Ph.D. in terms of the UGC regulations w.e.f. 01.09.2008, to fix the pay of the petitioner at `53,700/- as on 01.01.2006 after adding one increment on 01.01.2006 and with his pay 3(three) non-compoundable increments for Ph.D. w.e.f. 01.09.2008.

[2] The crux of the grievance that the petitioner as unfolded in this writ petition can further be availed from Para-4 of the writ petition, where the petitioner has averred that, embarking on wrongful, illegal, arbitrary and malicious action, the respondents No.3 and 4 have withheld the petitioner's legitimate due in respect of (a) increment of `420/- in the pre- revised scale of `12000-18300/- as on 01.01.2006 and (b) 3(three) numbers of non-compounded increments as the Ph.D. incentive. As a result, the petitioner has not received the due and further, as consequence thereof, the petitioner has suffered for the arbitrary acts of the respondents. The respondents No.3 and 4, according to the petitioner, with mala fide intention did not deliberately fix his pay, to which he was entitled to, after taking into account the non-compounded 3(three) increments for his Ph.D. degree which he received on 11.07.1999 and one increment at `420/- in the pre-revised scale of `12000-18300/-. [3] Before we appreciate the averments, the records produced with the writ petition and the affidavits supplementary to the averments of the writ petition or for brining the subsequent event on record and submission made for the petitioner, it would be expedient to record the reply filed by the respondents No.3 and 4, the University-respondents. Those respondents have categorically asserted that on 28.03.2011 the University accorded sanction for final withdrawal of his accumulation in the GPF with interest as accrued thereon. On 01.11.2011, the University sanctioned the provisional pension in favour of the petitioner along with sanction of cash payment in lieu of unutilized Earned Leave. On 04.11.2013 the University accorded sanction of DCRG. On 20.12.2012, the University sanctioned commuted value of pension in favour of the petitioner. Thereafter, on denying the claim of one increment on 01.01.2006, the university-respondents have asserted that before the 6th CPC came into force, the date of yearly increment of the petitioner was 1st February. In terms of the memorandum issued by the Ministry of under No.F.1(1)/2008-1C, dated 22.05.2013, Annexure-P/7 to the writ petition, the petitioner was entitled of one increment on 01.01.2006 in the pre-revised pay scale as one time measure and the next increment in the revised pay structure on 01.07.2006. Thus, it has been alleged that the petitioner was entitled to one increment, but that has not been accorded and he was denied re-fixation of pay in terms thereof. The university-respondents have categorically stated that the petitioner has suppressed the material facts that he was given one stagnation increment on 01.02.2005 on pre-revised pay as in accordance with the clarification at Serial No.5 of the office memorandum No.1/1/2008-IC dated 29.01.2009 of Ministry of Finance, GOI to the effect that when increment is granted whether normal annual increment or stagnation increment after 01.01.2005, no increment will was allowed to him on 01.01.2006. The office memorandum dated 29.01.2009 has elaborately dealt with certain points of doubt and to repel such doubt, the said clarification was provided by the office memorandum dated 29.01.2009. The relevant point of doubt and its clarification is extracted for purpose of reference hereunder:

"That the petitioner in his submission at para 5 has admitted that the State Government of Tripura did not implement the UGC Regulation relating to granting of three non-compounded increments at the material point of time. Yet claim for grant of three increments during his service in the State University period. Moreover, claim of Appendix II of MHRD letter No.F.1- 21/871 dated 22.07.1988 provided for the benefit of Ph.D. increment in favour of Assistant Librarian at entry point of service only in the scale of Rs.2000- 4000/- whereas the writ petitioner was born in the scale of pay of Rs.3700-5700/-. It is also pertinent to point out that the benefit of Ph.D. increment to existing increments acquiring Ph.D. Degree while in service shall be applicable on a prospective basis w.e.f. 01.01.2006."

[36] The clause 6.8.0 is regarding the pay scale and other benefits of the incumbent and the newly appointed persons in the library cadre and other. Para-9.0 of the said Schedule for Clause 6.8.0 provides incentive for Ph.D./ M. Phil and other higher qualification to take effect from 01.09.2008. Clause 9.12 provides that for post at the entry level where no such advance increment were admissible for possessing Ph.D./M. Phil under the earlier scheme/regulation, the benefit of advance increment for possessing Ph.D./ M.Phil shall be available to only those appointments which have been made on or after the coming into force of the UGC regulation, 2010. Admittedly, neither the petitioner was in the entry level post nor claiming the Ph.D. incentive for his appointment before the scheme came into force. Para-9.8.1 provides as under: