High Court · 2025

1. Mr. Tapan Singh, learned counsel for t he pet it ioner. 2. Mr. Aj ay Veer Pundir, counsel for t he respondent - Universit y. 3. Ms. counsel for t he respondent - UGC. Bhargava, learned learned Anj ali

4. According t o pet it ioner, he was init ially appoint ed as Yoga Therapist in Educat ion Depart m ent , ( Class I I I ) Chandigarh 17.12.1977 and aft er serving for about five years, he was appoint ed t o a Class- I I post of St at e Yoga Organiser vide in which order dat ed 17.08.1982, capacit y he served t ill 23.04.2003. Adm inist rat ion

5. On 24.03.2003, he was appoint ed as Lect urer ( Hum an Consciousness & Yogic Science) in Gurukul Kangri Universit y, Haridwar in t he pay scale of ₹8000- 13500. I n t he said order, it was m ent ioned t hat fixat ion of pay shall be done as per Rules. Gurukul I nst ruct ions,

6. According t o t he pet it ioner, aft er his Kangri appoint m ent Universit y, he was relieved by Direct or, Chandigarh Public dat ed Adm inist rat ion 10.04.2003 in which it was provided t hat he shall hold lien in t he Depart m ent for a period of t wo years from t he dat e of his relieving. According t o t he pet it ioner, t he post of St at e Yoga Organiser was carrying t he pay scale of ₹7000- 10980, and as per t he last pay cert ificat e, issued by Chandigarh Adm inist rat ion, his last pay drawn was ₹9750 and accordingly, his pay on t he post of Lect urer was fixed, by t he Com pet ent Aut horit y in Gurukul Kangri Universit y, t he appropriat e level vide order dat ed 08.02.2006 and pet it ioner t hereaft er subm it t ed t echnical resignat ion from t he post of St at e Yoga Organiser on 24.02.2006.

7. By m eans of pet it ioner has sought reliefs: - t his writ pet it ion, following t he t o ( i) I ssue a writ , order or direct ion, quashing t he im pugned recom m endat ion dat ed 27.09.2017 m ade by t he respondent no. 3 ( cont ained as Annexure no. 24 t his wr it pet it ion) and recom m endat ions dat ed 06.12.2017 m ade by t he respondent no. 4 t o recover Rs. 15,71,016/ - ( from 24.4.2003 t o 31.12.2017) , which is t o be recovered by adj ust ing prom ot ional pay arrear of Rs. 2,44,684/ - ( from 24.04.2015 t o 31.12.2017 and Rs. 13,26,826/ - from t he m ont h January, 2018 in 36 equal inst alm ent s @ Rs. 36,826/ - p.m . and also m ade it a condit ion t hat t he arrears which is t o be t he pet it ioner as per 7 t h pay com m ission, t he sam e m ay shall be adj ust ed against t he recovery am ount ( cont ained as Annexure No. 26 t o t his wr it pet it ion) . t he period t o ( ii) I ssue a writ , order or direct ion, quashing t he im pugned let t er/ order dat ed 12.01.2018 passed by t he respondent no. 2 ( cont ained as Annexure No. 28 t o t his wr it pet it ion) com m anding/ direct ing ( iii) I ssue a writ , order or direct ion in t he nat ure of t he m andam us respondent s t o pay t he arrears of salary t o t he pet it ioner, on account of prom ot ion as associat e professor from 24.04.2015 t o 31.12.2017 along wit h 18% int erest , fr om t he dat e of it s due, t ill t he dat e of it s act ual realizat ion. ( iv) I ssue a writ , order or direct ion in t he nat ure of m andam us t he respondent s t o pay t he salary t o t he pet it ioner com m anding/ direct ing fixed by respondent no. 2 vide let t er/ order dat ed 08.02.2006 ( cont ained as Annexure No. 12 t o t his wr it pet it ion) t he com m anding/ direct ing ( v) I ssue a writ , order or direct ion in t he nat ure of t he m andam us t he am ount of Rs. respondent s 73,724/ - deduct ed t he pet it ioner of t he m ont h of January, Febr uary, 2018, along w it h 18% int erest t ill t he dat e of it s act ual realizat ion. t he salary of refund t o com m anding/ direct ing ( vi) I ssue a writ , order or direct ion in t he nat ure of m andam us t he respondent s t o produce t he observat ions m ade t he Finance Officer, Gurukul Kangri Universit y, Har idwar in t he year 2015, in r egard t o t he pet it ioner, as absorbed pensioner inst ead of re- em ployed pensioner, before t his Hon’ble Court , as neit her t he respondent No. 2, nor t he respondent no. 3 is supplying t he sam e t o t he pet it ioner. is aggrieved by

8. Pet it ioner t he com m unicat ion dat ed 27.09.2017 issued by Under Secret ary, Universit y Grant s Com m ission, whereby Regist rar, Gurukul Kangri Universit y was t hat since pet it ioner was not holding Group ‘A’ post before his appoint m ent Gurukul Kangri Universit y, t herefore, his pay would be fixed at m inim um on his appoint m ent w.e.f. 24.03.2003, by ignoring his pension, as per t he exist ing Rules. inform ed Lect urer

9. Dr. Supriya Dahiya, Educat ion Officer, Universit y Grant s Com m ission has filed count er on behalf of respondent no. 3 st at ing t hat pet it ioner had lien on Chandigarh t he Adm inist rat ion for a period of t wo years 10.01.2006 and he was allowed t o seek volunt ary ret irem ent w.e.f. 23.04.2003 from his previous em ployer, t herefore, pet it ioner is no m ore pensioner before em ploym ent in t he Universit y t o act as a reem ployed pensioner and he did not t erm inat ed lien was choose t he pro- rat e ret irem ent benefit s and did not get his service count ed in t he Universit y for ret irem ent benefit s. learned 10. Mr. Aj ay Veer Pundir, counsel respondent - Universit y t he point s out t hat pet it ioner has m ade a represent at ion t o Universit y Grant s Com m ission on 02.11.2017, which is on record as Annexure No. 25 t o t he writ pet it ion, t herefore, Universit y Grant s Com m ission m ay be direct ed t o exam ine t he represent at ion m ade by pet it ioner in t he light of t he applicable Regulat ions. learned counsel

11. We find subst ance in t he subm ission m ade by t he respondent - Universit y. Since pet it ioner has already approached t he Com pet ent Aut horit y by m aking represent at ion, t herefore, we dispose of t he writ pet it ion t he Com pet ent wit h a direct ion t o Aut horit y Grant s Universit y Com m ission consider pet it ioner’s represent at ion dat ed 02.11.2017 and pass a reasoned order, as per law, wit hin t hree m ont hs product ion of cert ified copy of t his order. t o dat e t he ( 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.)

12.08.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa 85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL