In a significant ruling on service benefits, the Uttarakhand High Court directed Kumaon University to constitute a Selection Committee under the University Grants Commission (UGC) Regulations to consider the claim of a retired professor for the Higher Academic Grade. The judgment underscores that statutory entitlements under the Career Advancement Scheme cannot be denied merely due to procedural delays or non-incorporation of regulations into university statutes, reinforcing the primacy of compliance with UGC directives.
Background & Facts
The Dispute
The petitioner, a retired professor from Kumaon University, was appointed as a Lecturer on 13.09.1976. He was promoted to Reader under the Career Advancement Scheme on 22.06.1991 and subsequently to Professor on 27.07.1998. The petitioner retired on 30.06.2020 after completing the age of superannuation (65 years). Despite being eligible for the Higher Academic Grade under the UGC Regulations, 2009, the university failed to grant this benefit, prompting the petitioner to file a writ petition seeking:
- Antedated promotion to Higher Academic Grade/Senior Professor from 31.12.2008 in compliance with the 2010 and 2018 UGC Regulations.
- Arrears of pay corresponding to the Higher Academic Grade.
- Costs for statutory non-compliance by the university.
Key Facts
- The petitioner’s service tenure:
- Lecturer: 13.09.1976 to 21.06.1991
- Reader: 22.06.1991 to 26.07.1998
- Professor: 27.07.1998 to 30.06.2020 (retirement)
- The UGC Regulations, 2009 introduced the Higher Academic Grade for senior professors, with a pay scale of Rs. 67,000 - 79,000 and an Academic Grade Pay (AGP) of Rs. 12,000.
- Kumaon University sent multiple letters to the State Government of Uttarakhand seeking sanction for the Higher Academic Grade:
- Letter No. 2252 dated 26.03.2015
- Letter No. 4270 dated 14.09.2018
- Letter No. 244 dated 06.05.2019
- Letter No. 1852 dated 16.12.2019
- Despite these reminders, the State Government did not sanction the Higher Academic Grade, leading to the petitioner’s claim being unprocessed.
- The Vice Chancellor of Kumaon University incorporated the Career Advancement Scheme, 2010 into the university’s statute vide order dated 21.04.2022, nearly two years after the petitioner’s retirement.
Procedural History
- Writ Petition (WPSB No. 34 of 2023) filed before the Uttarakhand High Court seeking enforcement of the Higher Academic Grade under UGC Regulations.
- Counter Affidavits filed by:
- Kumaon University: Acknowledged sending multiple letters to the State Government for sanction but stated that the Higher Academic Grade was not processed due to lack of government approval.
- State Government: Contended that the Career Advancement Scheme was not incorporated into the university’s statute as required by Government Order dated 28.05.2013, rendering the petitioner’s claim legally untenable.
- Hearing: Ms. Mamta Bisht, counsel for Kumaon University, clarified that the State Government’s stand was incorrect, as the Career Advancement Scheme was incorporated into the university’s statute on 21.04.2022.
Relief Sought
The petitioner sought:
- A writ of mandamus directing Respondents 1, 2, and 3 (State of Uttarakhand, Higher Education Department, and Kumaon University) to grant antedated promotion to the Higher Academic Grade from 31.12.2008.
- Payment of arrears of pay with interest.
- Costs for the university’s statutory non-compliance.
The Legal Issue
The central question was whether the failure to incorporate UGC Regulations into university statutes absolves the university and the State Government of their obligation to grant Higher Academic Grade benefits to eligible professors, particularly when the statutory entitlement under the Career Advancement Scheme was subsequently incorporated.
Arguments Presented
For the Petitioner
- Relied on Annexure-3 to the university’s counter affidavit, which demonstrated that the Career Advancement Scheme, 2010 was incorporated into the university’s statute on 21.04.2022.
- Argued that the Higher Academic Grade is a statutory entitlement under UGC Regulations, and its denial due to procedural delays or non-incorporation into statutes is arbitrary and illegal.
- Contended that the State Government’s inaction in sanctioning the Higher Academic Grade despite multiple reminders from the university violated the petitioner’s right to timely benefits.
For the Respondents
- State Government: Contended that the Career Advancement Scheme was not part of the university’s statute as required by the Government Order dated 28.05.2013, and thus, the petitioner’s claim lacked legal basis.
- Kumaon University: While acknowledging the petitioner’s eligibility, submitted that the lack of government sanction prevented the processing of the Higher Academic Grade. However, it later clarified that the scheme was incorporated into the statute on 21.04.2022.
The Court's Analysis
The Court observed that the primary defence of the State Government - that the Career Advancement Scheme was not incorporated into the university’s statute - was no longer tenable in light of the university’s clarification that the scheme was incorporated on 21.04.2022. The Court emphasized that statutory entitlements under UGC Regulations cannot be denied on procedural grounds, particularly when the university itself had taken steps to comply with the regulations.
The Court relied on the principle that delay or procedural lapses by administrative authorities cannot defeat substantive rights of employees, especially when the entitlement arises from statutory regulations. The judgment underscored that:
"The Higher Academic Grade under the UGC Regulations is not a discretionary benefit but a statutory entitlement for eligible professors. The failure of the State Government to sanction the scheme or the university’s delay in incorporating it into its statute cannot deprive the petitioner of his rightful benefits."
The Court further noted that the university’s repeated communications to the State Government seeking sanction for the Higher Academic Grade demonstrated its recognition of the petitioner’s eligibility, and the State’s inaction could not be used as a ground to deny the benefit.
The Verdict
The Uttarakhand High Court disposed of the writ petition with the following directions:
- The Vice Chancellor of Kumaon University shall constitute a Selection Committee within three weeks from the date of the judgment (29.04.2026) to consider the petitioner’s claim for the Higher Academic Grade under the applicable UGC Regulations.
- If the petitioner is found eligible, the competent authority in the university shall pass an order granting the Higher Academic Grade within four months from the date of the judgment.
- The Selection Committee shall also consider the claims of other eligible persons for the Higher Academic Grade.
What This Means For Similar Cases
Statutory Entitlements Cannot Be Denied on Procedural Grounds
- Administrative delays or non-incorporation of regulations into university statutes do not absolve authorities of their obligation to grant statutory benefits.
- Practitioners should argue that UGC Regulations create legally enforceable rights, and procedural lapses by universities or the State Government cannot defeat these rights.
Selection Committees Must Be Constituted Expeditiously
- Courts are likely to direct timely constitution of Selection Committees where statutory benefits like the Higher Academic Grade are involved.
- Universities and State Governments must proactively comply with UGC Regulations to avoid writ petitions and adverse orders.
Retired Employees Can Seek Antedated Benefits
- The judgment clarifies that retired professors can seek antedated benefits under the Career Advancement Scheme, provided they were eligible during their service tenure.
- Practitioners should highlight the incorporation of UGC Regulations into university statutes, even if delayed, to reinforce entitlement.
