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2025 DAILYLAW 22009 (HP)

HP UNIVERSITY SUMMERHILL SHIMLA v. BHAWANI SINGH

CMP.M/1519/2025 · 2025-09-18

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

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1 ( 2025:HHC:32990 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMP(M) No. 1519 of 2025 and LPA No. 673 of 2025 Decided on: 18.09.2025 HP University ......applicant/appellant Versus Dr. Bhawani Singh ...non-applicant/respondent Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the applicant/appellant: Mr. Devender K. Sharma, Advocate. For the respondent : Mr. Sanjeev Bhushan, Senior Advocate with Mr. L.S. Mehta, Advocate. G.S. Sandhawalia, Chief Justice (Oral) CMP(M) No. 1519 of 2025 Keeping in view the averments made in the application, duly supported by an affidavit, delay of 7 days in filing the appeal is condoned. The application stands disposed of. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:32990 ) LPA No. 673 of 2025 2. The challenge in the present Letters Patent Appeal is to the order passed by the learned Single Judge wherein directions have been issued to release the salary of the petitioner for the promotional post from the due date as assigned in promotion order dated 04.07.2023 (Annexure P-7), which was to the post of Associate Professor (Hindi). 3. The learned Single Judge summarized the issue that the non-release of the salary to the promotional post could not be as such denied while falling back on the UGC Regulations as applicable to the University. 4. On the last date i.e. 05.09.2025, we had passed the following order : “Learned counsel for the applicant/appellant prays for time to assist the Court as to what is the hitch for granting the benefit to the writ petitioner, who is only seeking the benefits of promotional order as Associate Professor, when the said promotion order was granted by the University itself. List on 18.09.2025.” 3 ( 2025:HHC:32990 ) 5. Today counsel for the State has reiterated its stand only on the ground that the State had issued Notification dated 01.08.2022 which was duly adopted by the University vide Notification dated 12.08.2022, whereby the benefit of Career Advancement Scheme and Incentive Scheme had to be given on attaining the higher qualification was to be allowed on issuance of separate orders by the State Government. 6. It is not disputed that the petitioner was promoted on 04.07.2023 by the Registrar of the University, by passing the following order: “In pursuance to authorization given by the Executive Council under Resolution No.2 (on spot item) of its meeting held on 21.11.2020, the Vice Chancellor, on the recommendations of the Selection Committee is pleased to promote Dr. Bhawani Singh, Assistant Professor, Department of Hindi, H.P. University, Shimla to the post of Associate Professor in the Academic Level 13A (Rs.131400-217100), UGC with effect from 09.09.2022 under the Career Advancement Scheme (CAS) on the following terms and conditions:- 2. The above promotion is subject to further/final order in CWP No.2487 of 2023 titled as Shobha Rani vs. HPU & Others before the Hon’ble High Court of Himachal Pradesh. 3. He will be on probation for a period of one year/deemed to have been on probation for a period of one year from the date of their promotion, as the 4 ( 2025:HHC:32990 ) case may be, which is extendable by another year by the Competent Authority. 4. His promotion is further subject to change, if any factual error/omission is found at any later stage. 5. His pay will be fixed under the rules.” 7. The financial benefits being denied, the University had tried to take shelter by passing the order dated 05.09.2024 (Annexure P-15) that on account of the Notification dated 01.08.2022, they could not as such give the financial benefits, as separate orders were to be issued by the State Government. 8. It is not disputed that only the promotion order had to be given effect and the only relief granted is regarding that aspect and the learned Single Judge has not quashed Annexure P15. 9. In such circumstances, having given effect to the promotion order, the prayer as such of the petitioner was only on account of the fact that the benefits be given to release the due salary to the promotional post. 10. In such circumstances, we do not find that any exception can be raised to the order of the learned Single 5 ( 2025:HHC:32990 ) Judge who has directed the grant of the benefit of promotional order. 11. In view of the above, the present appeal stands dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. ( G.S. Sandhawalia ) Chief Justice September 18 , 2025 ( Ranjan Sharma ) (ankit) Judge