( 2025:HHC:20246 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2444/2019 Decided on: 27.06.2025 Chander Singh .…Petitioner Versus State of H.P. & Ors. ……Respondents Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vikas Rajput, Advocate. For the respondent : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, J Pursuant to decision in State of H.P. & Anr. Vs. V.D. Saraswati & Ors.2, respondents released UGC Scale in favour of the petitioner on 21.05.2018. The scale was released to the petitioner as Assistant Librarian w.e.f. the date of joining as Assistant Librarian i.e. 12.01.1996. Petitioner’s grievance is that the said scale was required to be released to him w.e.f. 04.05.1994 and not from 12.01.1996. 2. From the joint submissions made by learned counsel on both sides, following facts emerged: - 1 Whether reporters of the local papers may be allowed to see the judgment? 2 LPA No. 146/2009 a/w connected matters decided on 23.12.2015 2 ( 2025:HHC:20246 ) 2(i) Petitioner was initially appointed as Assistant Librarian in Erstwhile Pandit Amar Nath Smarak Mahavidyalaya Jogindernagar, District Mandi on 18.07.1992 (Annexure P-1). His appointment was on the basis of interview conducted by the Selection Committee after following proper procedure as is reflected at Annexure P-1. 2(ii) The respondents issued notification on 25.09.1995 taking over the aforesaid college w.e.f. 04.05.1994 on the terms and conditions for taking over privately managed colleges notified on 25.08.1994. Under the same notification i.e. dated 25.09.1995, services of the employees of the aforesaid college specifically mentioned therein, were also taken over by the respondent-State with effect from the date of taking over of the institution. Name of the petitioner figures at serial No.5 in the list of Ministerial Staff with his designation as Assistant Librarian and to be taken over also in the said designation. 2(iii) Another office order was issued by the respondents on 28.04.1997 (Annexure P-3) again stating specifically that service of the petitioner had been taken over as Assistant Librarian w.e.f. 04.05.1994 with the next date of his increment as 01.05.1995. It is the pleaded case of the petitioner as canvassed by his learned counsel that the petitioner was granted all benefits including monetary by taking his date of appointment as 04.05.1994. Since this petition concerns grant of monetary benefits/UGC scale, attention was drawn to the office order dated 13.08.2013 (Annexure P-5), whereunder petitioner’s pay was 3 ( 2025:HHC:20246 ) fixed in the pay-scale of Rs. 5480-8925 based upon the decision rendered in Madan Lal Tomer & Ors. Vs State of H.P.3 While fixing petitioner’s pay, his appointment/date of taking over as Assistant Librarian was taken as 04.05.1994. Attention was also invited to office order dated 01.04.2015 (Annexure P-6) granting benefits of Assured Career Progression Scheme (4-9-14) to the petitioner, by taking 04.05.1994 as the date of his appointment as Assistant Librarian. 2(iv) Petitioner was one of the petitioners in Nishant Sharma & Ors. Vs. State of H.P. & Anr.4 The said writ petition was decided with lead case State of H.P. & Anr. Vs. V.D. Saraswati & Ors.2 Prayer in the said petition was for the grant of UGC Scale to the Assistant Librarians. In view of the decision rendered in the aforesaid bunch of petitions and appeals, respondents issued office order, in case of petitioner on 21.05.2018 (Annexure P-7) granting him UGC Scale of 8000-13500 w.e.f. his date of joining as Assistant Librarian i.e. 12.01.1996. 3. Petitioner’s contention is that UGC Scale is required to be granted to him w.e.f. 04.05.1994, whereas, respondents in their reply have pleaded that it has been granted to the petitioner w.e.f. 12.01.1996, from his date of joining as Assistant Librarian as the petitioner had joined the Education Department on 12.01.1996. 3 LPA No. 237/2010 a/w connected matters decided on 28.02.2013 4 CWP No. 10045/2013 a/w connected matters decided on 23.12.2015 4 ( 2025:HHC:20246 ) 4. In my considered view, the stand of the respondents in restricting the grant of UGC Scale to the petitioner from the date of his joining as Assistant Librarian is not tenable. Services of the petitioner were taken over by the respondents under notification dated 25.09.1995 w.e.f. 04.05.1994. This aspect has been acknowledged by the respondents in the subsequent orders issued by them from time to time. Factual history of the case as noticed in para-2 above, makes it evident that the respondents have granted all benefits to the petitioner including the monetary ones on the basis of taking 04.05.1994 as his date of appointment as Assistant Librarian. This is the date when his services were taken over by the respondents retrospectively under notification dated 25.09.1995. All subsequent pay-scales/revisions thereof have also been granted to the petitioner by taking his date of appointment/taking over as 04.05.1994, therefore, for the grant of UGC Scale, the respondents cannot treat petitioner’s actual date of joining to be the basis for releasing the benefits. UGC Scale is also required to be released to the petitioner by treating his date of appointment/taking over as Assistant Librarian as 04.05.1994. In view of above, this writ petition is allowed. The respondents are directed to award the UGC Scale in favour of the petitioner w.e.f. 04.05.1994 i.e. the date from which his services were taken over by the respondents and all benefits were released to him. The pay refixation order be issued and consequential benefits on that 5 ( 2025:HHC:20246 ) basis be released in favour of the petitioner within four weeks from today. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge 27th June, 2025 (Rohit)