DEVENDERA SHARMA Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) The petitioner, as, disclosed in Annexure A-4, as, made on 27/1/2016, was promoted to the post of Professor w.e.f. 4/3/2015. The afore made promotion of the petitioner to the post of Professor, was made under the Career Advancement Scheme. However, through an office order, embodied in Annexure A-6, the afore made promotion, vis-a-vis, the petitioner against the post of Professor hence under the Career Advancement Scheme, rather became altered from 4/3/2015 to 28/1/2016. Therefore, the writ petitioner is hence aggrieved from the afore modification/alteration, of the date of taking into effect of his promotion to the post of Professor, under the Career Advancement Scheme, w.e.f. 4/3/2015, as, embodied in Annexure A-4 rather to 28/1/2016, and, as, becomes embodied in Annexure A-6. Consequently, he is led to approach this Court for the making a mandamus, upon, the respondent hence for its enforcing the apposite recitals, vis-a-vis, the date of the takings into effect of his promotion to the post of Professor, and, as, becomes embodied in Annexure A-4.

(2.) The learned counsel appearing for the writ petitioner has contended with much vigor before this Court, that the meteing of the afore benefit of promotion to the writ petitioner, is not a stricto-sensu promotion, rather it only bestows upon the petitioner, the benefit of a higher pay band, appertaining to the higher post concerned.

(3.) However, the afore made contention before this Court cannot be accepted, as, a perusal of Clause 6.3.9, carried in UGC Guidelines, and, as, becomes embodied in Annexure A-2, Clause whereof stands extracted hereinaftaer:-