High Court · 2025

following st ipulat ions, first of which is relied by pet it ioners and t he ot her one is relied by St at e: - “ E( 1) Five Non- Com pounded advance increm ent s shall be adm issible at t he ent ry level of recruit m ent as Assist ant Professor t o persons possessing t he degree of Ph.D. awarded in a relevant discipline t he pr ocess of course work and adm ission, ext ernal evaluat ion as prescribed by t he UGC. t he Universit y regist r at ion, following ( 8) Not wit hst anding anyt hing t he foregoing clauses, t hose who have already av ailed t he benefit s of advance increm ent s for possessing Ph.D. t he t he ent ry shall not be earlier Schem es/ Regulat ions ent it led t o t he benefit of advance increm ent s under t hese Regulat ions” level under / M.Phil. at

3. Learned St at e Counsel subm it s t hat since pet it ioners availed benefit of Senior Scale upon com plet ing four years of service w.e.f. 19.12.2013 and five years t hereaft er t hey were given Select ion Grade Pay w.e.f.

19.12.2018, t herefore, claim st aked five non- com pounded advance increm ent s is not t enable, in view of Clause E( 8) of t he Schem e int roduced by U.G.C., as referred t o herein above. 2

4. Learned counsel for t he pet it ioners, however, subm it s t hat pet it ioners were appoint ed on 19.12.2009 t he Career Advancem ent Schem e, 2010 was int roduced by U.G.C. soon t hereaft er, t herefore, it was incum bent upon t he St at e Governm ent t o provide five non- com pounded advance increm ent s t o t hem .

5. Learned St at e Counsel, however replies, by subm it t ing t hat Career Advancem ent Schem e, 2010 was adopt ed by St at e Governm ent only on 28.05.2013 and aft er adopt ion of Career Advancem ent Schem e, pet it ioners were given senior scale and select ion grade pay. He furt her subm it s t hat as per Career Advancem ent Schem e, 2010, issued by U.G.C., Clause E( 8) provides t hat a t eacher can eit her have advance increm ent for Ph.D. at ent ry level or ot her benefit s as per t he Schem e, however, no one can have bot h benefit s. Thus, he subm it s t hat since pet it ioners opt ed for ot her benefit s, t herefore, t hey cannot now st ake claim for advance increm ent s at ent ry level.

6. Learned counsel for t he pet it ioners, however, subm it s t hat ot her t eachers, who had Ph.D. degree at t he t im e of appoint m ent , were given five non- com pounded advance increm ent s at ent ry level and t hey were also given senior scale and select ion grade. Thus, he subm it s t hat pet it ioners are being subj ect ed t o discrim inat ory t reat m ent and t he Direct or, Higher Educat ion has overlooked t his aspect while t aking decision in t he m at t er.

7. When a point ed query was put t o learned counsel for t he pet it ioners t hat whet her pet it ioners have given nam es of t hose t eachers, who were given bot h t he 3 benefit s, his answer was in t he negat ive and he request ed t hat t im e for filing supplem ent ary affidavit be given.

8. We are not inclined t o perm it filing of supplem ent ary affidavit , at t his belat ed st age. However, having regard t o t he fact s of t he case, and also t he oral subm ission m ade by learned Senior Counsel t he pet it ioners, we t hink t hat ends of j ust ice would be m et , if pet it ioners are perm it t ed t o m ake represent at ion t o t he com pet ent aut horit y.

9. The writ pet it ion is, accordingly, disposed of wit h libert y t o pet it ioners t o m ake represent at ion t o Direct or, Higher Educat ion regarding benefit of Clause E( 8) of Career Advancem ent Schem e, 2010. I f pet it ioners m ake such represent at ion, indicat ing nam e of ot her t eachers, who were given five non- com pounded advance increm ent s at ent ry level, wit hin t hree weeks from t oday, t he Direct or shall exam ine t he issue and t ake a inform ed decision by passing a reasoned order, wit hin four m ont hs from dat e of receipt of cert ified copy of t his order, along wit h t he represent at ion.

10. I t goes wit hout saying t hat t he decision on such represent at ion shall be t aken, independent ly, uninfluenced by t he earlier decision t aken on 31.12.2019. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 30.07.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA 4