HP High Court directs HPU to release due salary of Associate Professor promoted under UGC regulations

Shimla, June 21,

Rebuking institutional red tape and bureaucratic delays, the Himachal Pradesh High Court has held Himachal Pradesh University accountable for withholding the salary of a duly promoted Associate Professor for over two years, despite full compliance with University Grants Commission regulations.

The Court has directed Himachal Pradesh University (HPU) to release the due salary of Dr. Bhawani Singh, an Associate Professor in the Department of Hindi, who was promoted under the University Grants Commission (UGC) Career Advancement Scheme (CAS) but denied the corresponding pay scale for over two years.

The judgment was delivered by Justice Sandeep Sharma while allowing Civil Writ Petition of 2024 filed by Dr. Singh. The petitioner was represented by Senior Advocate Sanjeev Bhushan, assisted by L.S. Mehta. The State and HPU were represented by Advocate General Anup Rattan, with Additional Advocate Generals Rajan Kahol and B.C. Verma, and Deputy Advocate General Ravi Chauhan.

Dr. Singh was appointed as an Assistant Professor in 2016 and promoted to the post of Associate Professor on September 9, 2022, following due process under UGC norms. However, despite the promotion being approved by the Executive Council and granted through a valid office order dated July 4, 2023, HPU did not release the corresponding salary, citing the absence of a separate approval from the State Government.

The court noted that “the petitioner, who admittedly at present is working against the higher post, is being denied salary of higher post,” and termed the University’s action as unjustified.

Justice Sharma observed that the university had repeatedly sought clearance from the State Government, but the Finance Department refused, arguing that the Assured Career Progression Scheme had ceased with the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022. However, the court rejected this reasoning, holding that “since UGC Regulations provide for promotion under CAS and petitioner herein was duly promoted… there appears to be no justification to deny him pay of promotional post.”

Citing Supreme Court precedents including Gambhirdan K. Gadhvi v. State of Gujarat and Prof. (Dr.) Sreejith P.S v. Dr. Rajshree M.S, the court emphasized that UGC Regulations carry statutory force and are binding on State Universities. “The UGC Regulations shall become part of the statute framed by Parliament and, therefore, shall prevail,” Justice Sharma quoted from the Apex Court’s ruling.

He further held that the plea of pending state approval cannot be sustained, adding: “It does not lie in the mouth of respondent-University to claim that till the time approval… is not granted by the State of Himachal Pradesh, salary of the promotional post cannot be released.”

Terming the University’s conduct “bad in law,” the court directed HPU to release the salary dues from the date of promotion within six weeks, failing which the petitioner shall be entitled to interest at the rate of 6% per annum from the date the amount became due.

“This Court hopes and trusts that needful shall be done by the respondent-University expeditiously,” concluded Justice Sharma.

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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.

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Himachalscape bureau

The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.