Shimla (Himachal Pradesh) [India], June 21 : The Himachal Pradesh High Court has directed Himachal Pradesh University (HPU) to release the salary of Dr. Bhawani Singh, who was promoted as Associate Professor (Hindi) in September 2022 under the UGC's Career Advancement Scheme (CAS), but has since been denied the corresponding pay scale due to the university's reliance on the absence of a state government order.
Justice Sandeep Sharma, allowing the petition filed by Dr. Singh, came down heavily on the university and the state government, noting that the denial of salary "deserves to be held bad in law, especially when there is no dispute qua the fact that UGC regulations are fully applicable to the respondent-University."
"Since UGC Regulations provide for promotion under CAS and the petitioner herein was duly promoted, coupled with the fact that he has been working against the promotional post for more than two years, there appears to be no justification to deny him pay of promotional post," the court observed in its 17 June order.
Singh was appointed as Assistant Professor in HPU's Department of Hindi on 23 September 2016. He became eligible for promotion under CAS on 9 September 2022 after completing the requisite period of service. The university conducted his interview, and on 4 July 2023, he was officially promoted to Associate Professor in Academic Level-13A with retrospective effect from 9 September 2022.
However, the university withheld the enhanced salary, citing a lack of separate authorisation from the state government. The Finance Department later refused to approve the proposal, arguing that the Assured Career Progression (ACP) Scheme had ceased with the implementation of the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022.
Rejecting this reasoning, the High Court emphasised that UGC regulations are binding on state universities and override conflicting state laws by virtue of being part of the Central legislative framework under the Concurrent List.
Quoting extensively from Supreme Court judgments, including Gambhirdan K. Gadhvi vs. State of Gujarat and State of West Bengal vs. Anindya Sundar Das, the High Court reinforced that UGC Regulations are "mandatory" and constitute subordinate legislation which must prevail over conflicting state provisions.
"Since entire action was initiated by the respondent-University under UGC Regulations and respondent-University itself, following the procedure prescribed by the UGC guidelines, proceeded to promote the petitioner, it does not lie in the mouth of respondent-University to claim that till the time approval is not granted by the state, salary cannot be released," Justice Sharma ruled.
The court directed HPU to release Dr. Singh's salary for the Associate Professor position from the due date mentioned in the promotion order (09.09.2022), preferably within six weeks. In case of further delay, the petitioner will be entitled to interest at the rate of 6 per cent per annum on arrears.
The judgment is expected to set a precedent for similar cases where teaching staff are promoted under UGC-mandated CAS but face administrative hurdles in receiving their rightful dues.