WPSB/679/2018
2025 Latest Caselaw 2389 UK

Uttarakhand High Court

WPSB/679/2018 on 18 March, 2025

                                                                                   2025:UHC:1845-DB
                Office N ot e s,
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       Date     or dir e ct ions                           COURT'S OR JUD GE'S ORD ERS
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                                       U   W PSB/ 6 7 9 / 2 0 1 8
                                       U   Hon'ble Manoj Kumar Tiwari, J.

U Hon'ble Ashish Naithani, J.

Mr. Sandeep Kothari, Advocate for the petitioner.

Ms. Iram Zeba, Advocate holding brief of Dr. Kartikey Hari Gupta, Advocate for the respondent(s).

2. Petitioner is serving as guest faculty on ad- hoc basis in Hemwati Nandan Bahuguna Garhwal Central University since 2005. According to him, he is not being paid minimum of pay scale, dearness allowance, etc. Therefore, he has approached this Court, seeking following reliefs:

"(i) to issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent university to grant the minimum pay scale, D.A. etc. to the petitioner as per law laid down by the Hon'ble Apex Court in case of 'State of Punjab & others V/s Jagjit Singh & others' reported in 2017 (1) S.C.C.,

(ii) to issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent university to pay arrears of minimum of pay scale +D.A. from the date the post of Assistant Professor, C.M.T.H.S., Center For Mountain Tourism & Hospitality Studies is sanctioned by respondent no. 3 and advertised by respondent university.

(iii) to issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent university to decide the representation dated 12-9-2017 (Annexure No.7 to this writ petition) of the petitioner at the earliest."

3. The University has taken a stand that since petitioner was appointed on ad-hoc basis as guest 2025:UHC:1845-DB faculty, therefore, he cannot claim parity with the regular teachers and his claim for dearness allowance, is also without any basis.

4. Learned counsel for the petitioner has relied upon the judgment, rendered by Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Jagjit Singh and others, reported in (2017) 1 SCC 148, and submits that in terms of the said judgment, petitioner is entitled for certain benefits, which have wrongly been denied to him.

5. Without expressing any merit on the claim of petitioner, we think that ends of justice would be met if petitioner is permitted to make a representation.

6. The Writ Petition is, accordingly, disposed of by permitting petitioner to make representation to the Vice Chancellor. If he makes representation within two weeks from today, the Vice Chancellor shall examine petitioner's claim for minimum of pay scale and other benefits and pass appropriate order, one way or the other, as per law, within three months from the date of receipt of such representation.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 18.03.2025 Mahinder/