( 2025:HHC:24752 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4696/2023 Decided on: 29.07.2025 Dinesh Sharma …Petitioner Versus Himachal Pradesh University & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Tarun K. Sharma, Advocate. For the respondents: Mr. Devender Sharma, Advocate. Jyotsna Rewal Dua , J In essence, the petitioner seeks direction to the respondents-University to fix his pay in the pay-scale of Professor from the date of his appointment on the basis of amendments proposed by the respondents-University in Rule 6 of the Rules and Regulations framed for appointment of Professor to head various Chairs (in short Rule 6) in the respondents-University. According to the respondents-University, such amendments have not yet been incorporated in the Rules, therefore, petitioner has no right to claim the proposed pay-scale. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2025:HHC:24752 2. Heard learned counsel for the parties and considered the case file. 3. The case 3(i) Petitioner was serving as Principal in Adarsh Bhartiya College Pathankot. The said college was not pensionable establishment. Petitioner retired from the said college on 29.02.2020 on attaining the age of superannuation. He had rendered 12 years, 3 months and 26 days of service in the pay scale of Rs.37000-67000 with grade pay of Rs.10,000/- 3(ii) On 02.09.2019, respondents-University issued an advertisement inviting applications from eminent scholars/retired Professors for filling up the posts of Professor to head the Chairs established in the University. One of the Chairs was Dr. Keshav Bali Ram Hedgewar. This writ petition concerns the salary payable to the advertised post of Professor for heading the Chair, hence, reference hereinafter is made specifically to Clause-3 of the advertisement that stipulated payable salary/honorarium to the selected incumbents for the post of Professor to head the Chair as under: - “3. Salary/Honorarium (a) In case of direct recruitment, their pay shall be fixed in the Professor’s scale. (b) In case of retired Professor, consolidated salary of Rs.40,000/- per month plus pension.” 3 ( 2025:HHC:24752 As per above clause, in case of direct recruitment, the pay of the Professor for heading the Chair was to be fixed in the Professor’s scale, whereas, in case of retired Professor, consolidated salary of Rs.40,000/- per month + pension was payable. 3(iii) Petitioner, who had retired as Principal from Adarsh Bhartiya College Pathankot on 29.02.2020 was selected by the Search Committee to head Dr. Keshav Baliram Hedgewar Chair. The appointment order was issued to the petitioner on 02.09.2020. Petitioner’s appointment was on tenure basis for a term of three years in the first instance extendable by the competent authority for another two years depending upon the progress. The maximum age limit for holding the post was 70 years. Stipulation No.2 of the appointment order provided as under regarding salary of the petitioner: - “2. That in case of active service, your pay shall be fixed in the Professor’s scale. However, in case of retired Professor, you will be paid a consolidated salary of Rs.40,000/- pm (Rupees forty thousand only) plus pension from the date of your joining the assignment.” It is not in dispute that petitioner has been paid consolidated salary of Rs.40,000/- per month for the duration of his assignment by the respondents-University. The petitioner had voluntarily resigned from the respondents-University on 03.01.2023. 3(iv) Petitioner’s case is that since he had retired from non- pensionable establishment and was not in receipt of pension, 4 ( 2025:HHC:24752 therefore, instead of paying him Rs.40,000/- per month, the respondents ought to have paid him the emoluments payable for direct recruitment as per Clause 3(a) of the advertisement (extracted in para-3(ii) above). With this grievance, petitioner preferred a representation to the respondents-University on 23.02.2023. The representation was placed by the respondents-University before its Executive Council. The following proposal had been prepared by the respondents- University for placing before the Executive Council: - Existing Provision Proposed Amendment At Serial Number 6 Clause “Salary/Honorarium: (a) In the case of direct recruitment their pay shall be fixed in the Professor’s scale. (b) In the case of retired. Professor, consolidated salary of Rs.40,000/- per month plus pension At Serial Number 6 Clause (a) “Salary/Honorarium: (a) In the case of serving persons is selected to Head the Chair, his/her pay shall be fixed/protected in the Professor’s scale as per rules. (b)(i) In case of direct recruitment of retired Professor’s drawing pension. consolidated salary of Rs.40,000/- per month excluding pension. (ii) In case of direct recruitment of retired Professors of non- pensionable service. Initial basic pay (i.e. minimum of pay scale + AGP) of the pay scale of the post of Professor plus admissible dearness allowances. 5 ( 2025:HHC:24752 3(v) As per reply by the respondents-University, the proposal was placed before the Executive Council in its regular meeting convened on 04.12.2021 at Item No. 18. The members of Executive Council after detailed deliberations decided to place the matter before the Finance Committee. As per office instructions placed on record by the respondents-University on 22.07.2025, petitioner’s case has yet not been placed before the Finance Committee for consideration as the regular meeting of Finance Committee has not been scheduled till date. 4. Consideration. 4(a) In the given facts and circumstances, the relief claimed by the petitioner merely on the basis of amendments, proposed in Rule 6 of the Rules and Regulations for appointment of Professor to head various Chairs in the University cannot be granted to him. Admittedly, at the time of petitioner’s appointment to head Dr. Keshav Baliram Hedgewar Chair, he had retired as Principal from Adarsh Bhartiya College Pathankot. Petitioner’s such appointment, therefore, was not governed by Clause 3(a) but by Clause-3(b) of the advertisement dated 02.09.2019 or in other words, the petitioner was entitled to the salary @ Rs.40,000/- per month + pension. Since the petitioner had retired from a non-pensionable establishment, he was 6 ( 2025:HHC:24752 not in receipt of pension. Petitioner’s claim to emoluments under Clause 3(a) of the advertisement is not justified, hence, rejected. 4(b) The respondents-University have now proposed amendment to Rule 6. One of the proposals is to incorporate a new category of direct recruitment of retired Professor from non- pensionable service and to pay initial basic pay of the pay-scale to the post of Professor plus admissible dearness allowances for incumbents selected under this category. Petitioner claims relief on the basis of proposed amendments. There is force in the contentions of the respondents-University that till the time the amendments get incorporated in the applicable Rules and are held applicable to the case of the petitioner, no benefit can be drawn from the same by the petitioner. However, at the same time, the respondents-University cannot also sit indefinitely over the cause of the petitioner. The Executive Council of the respondents-University after detailed deliberations on 04.12.2021 had decided to place the matter before the Finance Committee. More than three and half years have gone by, petitioner’s case has not been placed before the Finance Committee. At this stage, learned counsel for the respondents- University placed on record office instructions dated 28.07.2025 from the Finance Officer of the University to the effect that within two weeks, the respondents-University will call for convening the meeting 7 ( 2025:HHC:24752 of the Finance Committee, wherein the case of the petitioner shall be placed for consideration and appropriate decision. Learned counsel submitted that the regular meeting of Finance Committee is to be held by the Principal Secretary Finance to the State of Himachal Pradesh. 5. In view of above discussion and the office instructions placed on record by the respondents-University, this writ petition is disposed of with the order that though the petitioner cannot be allowed the salary/honorarium on the basis of amendments proposed by the respondents in Rule 6 of the Rules and Regulations framed for appointment of Professor to head various chairs in the University, however, the respondents-University are directed to take appropriate steps within two weeks as undertaken by them for convening the meeting of Finance Committee for considering the case of the petitioner, in view of decision taken by its Executive Council on 04.12.2021. It is hoped and expected that the said meeting of Finance Committee will be convened and appropriate decision, in accordance with law, concerning petitioner’s case, shall be taken therein within two months from today. The order so passed be also communicated to the petitioner. The petitioner is at liberty to seek appropriate remedy for the redressal of his surviving grievance, if any, in accordance with law, at an appropriate stage, in case necessity so arises. 8 ( 2025:HHC:24752 Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 29th July, 2025(rohit)