Road, Jaipur v. State Of Rajasthan, Through The Principal Secretary

Dr. Shivakant Mishra S/o Late Shri Narayan Datt Mishra, Aged About 50 Years, Resident Of 180A/f4, Balaji Kripa Apartment, Vishvesharya Nagar, Gopalpura Byepass, Jaipur. Dr. Diwakar Mishra S/o Shri Umesh Mishra, Aged About 53 Years, Resident Of Plot No. 8, Shyam Vatika, Chhatrasal Nagar, P.o. Malviya Nagar, Jaipur. Dr. Kailash Chandra Sharma S/o Shri Rampal Sharma, Aged About 51 Years, Resident Of C-28, Dev Nagar, Tonk Road, Jaipur.

5. Dr. Narayan Hosmane S/o Shri Ramakrishna Hosmane, Aged About 56 Years, Resident Of 70/114, Bhairav Path, Patel Marg, Mansarovar, Jaipur.

6. Rameshwar Nath Dwivedi S/o Late Shri Paras Nath Dwivedi, Aged About 50 Years, Resident Of 64/68, Sheopur Road, Pratap Nagar, Sanganer, Jaipur.

7. Dr. Sandeep Joshi S/o Shri Magan Lal Joshi, Aged About 46 Years, Resident Of 313-B, Eminent Tower, Bhankrota, Jaipur.

8. Dr. Snehlata Sharma S/o Shri Kedarnath Sharma W/o Dr. Sudhir Kumar Sharma, Aged About 44 Years, Resident Of 111, Virndawan Vihar, Mandir Marg, Nirman Nagar, Ajmer Road, Jaipur. Versus ----Petitioners

4. State Of Rajasthan, Through The Principal Secretary, Sanskrit Education Department, Government Secretariat, Jaipur. Jagadguru Ramanandacharya Rajasthan Sanskrit Vishwavidhyalay, Through Registrar, Village Madau, Post Bhankrota, Jaipur. The Vice Chancellor, Jagadguru Ramanandacharya Rajasthan Sanskrit Vishwavidhyalay, Village Madau, Post Bhankrota, Jaipur. The Finance Controller, Jagadguru Ramanandacharya Rajasthan Sanskrit Vishwavidhyalay, Village Madau, Post Bhankrota, Jaipur. [2025:RJ-JP:33920] (2 of 5) [CW-20433/2023] ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Ms. Manju Joshi with Ms. Deepa Singh for respondent No.1 Mr. Sarthak Rastogi for respondents No.2 to 4 HON'BLE MR. JUSTICE ANAND SHARMA Order 26/08/2025

1. The instant writ petition has been filed by the petitioners with the following prayers:- "It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this Writ Petition and by an appropriate writ, order or direction:

1. The respondents may be directed to extent the benefit of Career Advancement Scheme by granting AGP of Rs. 9000 and designation as Associate Professor and AGP of Rs. 10000 and designation of Professor in the relevant stage and necessary exercise for such benefits may be directed to be undertaken, in the interest of justice. 2. The arrears of the financial benefits of the humble petitioners from their accrual date may be directed to be granted to the humble petitioners with interest @9% p.a. in the interest of justice. 3. The cutoff date of 31.12.2023 as prescribed under the notification dated 31.07.2023 may be ordered not to come in the way of the humble petitioners on account of the delay and lethargic and end of the respondent-university, in the interest of justice. 4. The respondents authorities may also be held liable and responsible for not complying the provisions of the UGC Regulations in time and onwards it may also be directed that if adherence of the provisions of the UGC Regulations is not made by the respondents authorities then they would be liable to pay compensation to the University Teachers and they would also be liable for disciplinary actions in accordance with law. 5. The respondents authorities may also be directed to fix liability and accountability for not [2025:RJ-JP:33920] (3 of 5) [CW-20433/2023] undertaking the requisite exercise as per UGC Regulations in time and accordingly the persons who isresponsible may be ordered to be taken to task as also for disciplinary action against such person and it may also be ordered for recording in the service book that such persons is not fit to be retained in service. 6. Cost of the writ petition may also be directed to be paid to the humble petitioners by the concerned responsible officer, in the interest of justice. 7. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the Petitioners."

2. Petitioners have come out with the case that they are holding the post of Assistant Professor in University of Jagadguru Ramanandacharya Rajasthan Sanskrit Vishwavidhyalay and as per UGC Regulations, they are entitled for Career Advancement Scheme. However, despite the sanction granted by Department of Sanskrit Education, Government of Rajasthan vide letter dated

10.10.2023, such benefits were not granted to the petitioners.

3. In order to cut-shot the controversy, learned counsel appearing for the petitioners has submitted that reply to the writ petition has been filed by the respondents No.2 to 4, wherein while not disputing the claim of the petitioners, in Para-1 of the reply, it has been stated as under:- "That it is of utmost importance to submit before the Hon'ble Court at the outset that the respondent University is governed by the decisions of the State Government in all matters which involve the funds of the State Government and in implementing policy matters. The implementation of benefits of Career Advancement Scheme involves both, the funds of the Government as well as it is a policy matter, thus the University is bound by the decision and has to seek approval from the state government before implementing the Career Advancement Scheme for its employees. It is pertinent to submit here that the process of grant of benefits of Career Advancement Scheme as per the UGC guidelines for the teaching staff of the University is under process and pursuant to the [2025:RJ-JP:33920] (4 of 5) [CW-20433/2023] letter dated 14.12.2023 (Annexure-21), the applications for grant of benefits of Career Advancement Scheme have been called, the deadline for which was 31.12.2023. Further, as per the point no. 6.3 of the UGC notification dated 31.07.2023 (Annexure-6) the said deadline of 31.12.2023 was fixed for submitting application in the prescribed format and the teaching staff of the University have accordingly submitted their applications in February, 2023 and December, 2023. Pursuant to the approval order of the state government dated 10.10.2023 (Annexure-17), the University is in the process of implementing and granting the benefits of CAS to the teaching staff of the University, which is pending after the approval in October, 2023 owing to the implementation of the Model Code of Conduct firstly for the Rajasthan Assembly Elections and subsequently for the Union Parliamentary Elections of India. The humble answering respondent University shall undertake the exercise of granting benefits of CAS to the teaching staff in accordance with the UGC regulations soon after lifting of the Model Code of Conduct restrictions. After the change of Government in Rajasthan in December, 2023 the Constitution of the Executive Committee of the University shall change and subsequent to the said appointment of new nominees and MLAs in the Executive Committee only, the meeting of the freshly constituted Executive Committee shall be conducted for consideration of the applications for grant of CAS submitted by the various teaching staff of the University."

4. Learned counsel appearing for the respondents No.2 to 4 submitted that in view of Career Advancement Scheme duly sanctioned by the State Government, University was under the process of granting the benefits to the Assistant Professors, yet on account of financial restrictions imposed by respondent-State during intervening period, such benefits could not be extended. Learned counsel appearing for the respondent-State has submitted that now such financial restrictions have been lifted by the State Government and the State Government has already released the grant by sanctioning the same in the budget. [2025:RJ-JP:33920] (5 of 5) [CW-20433/2023]

5. In view of the aforesaid submissions, when there is no dispute with regard to sanction of financial grant by the State Government as well as applicability of Career Advancement Scheme, it would be appropriate to dispose the writ petition with directions to the respondents No.2 to 4 to examine the eligibility and entitlement of the petitioners in accordance with Rules and to grant benefit of Career Advancement Scheme to the petitioners from the date of their entitlement. Arrears, if any, consequent to such exercise, if payable to the petitioners then the same may also be paid within a period of three months from the date of receipt of copy of this order, failing which such benefits shall carry interest at the rate of 6% per annum.

6. In view of above observations, writ petition stands disposed of. DIVYA /50 (ANAND SHARMA),J