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2025 DAILYLAW 19926 (HP)

RAJEEV KUMAR AGGARWAL v. DR YASHWANT SINGH PARMAR UNIVERSITY

EX.PT/259/2024 · 2025-06-18

Jyotsna Rewal Dua

body2025

Judgment text

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2025:HHC:18575 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Ex. Pet(T) No. 259 of 2024 Decided on: 18.06 2025 _________________________________________________________________ Rajeev Kumar Aggarwal ....Petitioner Versus Dr. Y.S. Parmar University …Respondent _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Dilip Sharma, Sr. Advocate with Mr. Manish Sharma, Advocate. For the respondent: Mr. Ramesh Sharma, Advocate. Jyotsna Rewal Dua, Judge Petitioner seeks enforcement of decision rendered in Rajeev Kumar Aggarwal Vs. Dr. Yashwant Singh Parmar University2. 2. Following operative directions were issued in the said judgment:- “For all the foregoing observations, I find merit in the claim of the petitioner. Consequently, present petition is allowed. Respondent-university is directed to 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2 No.CWPOA No. 4297 of 2019 decided on 13.12.2021 2025:HHC:18575 ) - 2 - consider the case of the petitioner for his regularization as Assistant Professor (Physics) w.e.f. 22.03.2001 in accordance with State Government instructions dated 30.11.1996 (Annexure P-3) within a period of six weeks from today and pass an appropriate order in this regard, in accordance with law and in light of foregoing observations. Pending miscellaneous application(s), if any, shall also stand disposed of.” LPA No.124 of 2022 instituted by the respondent against the aforesaid decision was dismissed on 26.7.2023. 3. Respondent, thereafter issued office order dated 25.11.2023. In terms of which, pursuant to the decision in Rajeev Kumar Aggarwal2, petitioner’s services were regularized as Assistant Professor (Physics) in the UGC pay scale of Rs.8000-13500 plus other allowances as admissible from time to time w.e.f. 22.03.2001. The regularization was subject to the conditions mentioned in the office order. A perusal of office order dated 25.11.2023 makes it evident that directions in the decision rendered in Rajeev Kumar Aggarwal2 have been complied with by the respondent. However, at this stage, a compliance affidavit filed by the respondent needs to be noticed. Relevant portion of which, reads as under:- 2025:HHC:18575 ) - 3 - “In terms of provisions contained under Career Advancement Scheme prevalent on the date of regularization of the petitioner, he is entitled for senior scale on completion of four year regular service in the grade i.e. on 22.03.2005 but he did not submit his bio- data for the purpose from the aforementioned due date rather he is time and again demanding to count his rendered adhoc service w.e.f. 22.03.1996 for the grant of said senior scale which was not permissible under rules in his case. Needless to say that now the petitioner has submitted his bio-data [which has been received through proper channel on 18.04.2025 (Annexure-I) for the grant of senior scale w.e.f. 2005 which is under consideration and further necessary action in the matter will be taken after completing all codal formalities prescribed under Carrier Advancement Scheme Rules/norms.” 4. Learned counsel for the respondent–University states that the case of the petitioner for grant of senior scale w.e.f. 2005 is under active consideration and final order in that regard will be passed after completing all codal formalities prescribed under Career Advancement Scheme Rules/norms within three weeks from today. Taking note of the office order dated 25.11.2023 and the submissions made by leaned counsel for the respondent, this execution petition is accordingly disposed of. 2025:HHC:18575 ) - 4 - Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge June 18, 2025 R.Atal