2025:UHC:3073-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 30thAPRIL, 2025 WRIT PETITION (S/B)NO.126 OF 2025 Bipin Chandra Bhatt …...Petitioner. Versus State of Uttarakhand and others. …….Respondents Counsel for the Petitioner : Mr. Pooran Singh Rawat, learned counsel. Counsel for the State : Mr.J.C. Pande, learned Standing Counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The case of the petitioner is that the contractual service of the petitioner is not counted for the purpose of granting promotion under the Career Advancement Scheme (for short “CAS”). Reading of Regulation 10 of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education, 2018, more particularly, Regulation 10.0(f), it is clear as daylight that the Regulations do not envisage counting of the services rendered as a contractual employee for the purpose of CAS. 1 2025:UHC:3073-DB 3. On the other hand, Regulation 10.0(f) makes it amply clear that the said service is to be counted only for the purpose of direct recruitment and for promotion and that too, subject to certain stipulations. 4. A Reading of the Regulations leaves no doubt in the mind of this Court that the period spent on contractual basis cannot be counted for the purpose of considering the case of an employee under the CAS, as CAS is applicable only to employees regularly appointed to substantive posts, who are in regular service. 5. In that view of the matter, the contention requires to be rejected, and is accordingly, rejected. 6. Learned counsel would attempt to re-work his argument by contending that then the provision is discriminatory. 7. If that be so, it is open for the petitioner to seek re-course as provided under the law. 8. We do not find any error with the order impugned dated 22.01.2025 (Annexure-15), rendered by the Uttarakhand Public Services Tribunal. 2 2025:UHC:3073-DB 9. Accordingly, the writ petition stands rejected. 10. Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 30th April, 2025 NISHANT 3 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326 , postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD1961690560 487E670C, cn=NISHANT KUMAR Date: 2025.05.13 14:41:29 +05'30'