2025:UHC:5866-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/365/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Tapan Singh, Advocate for the petitioner. Mr. Aditya Singh, Advocate for the respondents. 2. Petitioner is serving as Assistant Librarian in Gurukul Kangri Vishwavidhyalaya, Haridwar since 2008. According to petitioner, he is entitled to next higher pay-scale under Career Advancement Scheme w.e.f. 2011; however, said benefit has not been given to him so far. Thus feeling aggrieved petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents, to include the adhoc service of the petitioner from 03-08- 2006 to 31-10-2008 in regular service. ii) Issue a writ, order or direction in the nature of certiorari quashing the decision taken by the respondents on proposal no. 12 by the respondents in a meeting dated 09-07-2018 not to include the adhoc service of the petitioner in regular service (mentioned in letter dated 04- 05-2019 contained as Annexure No. 19 to this writ petition). iii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents, to pay the 40% arrears of amended pay scale granted under 6th pay commission, which was deducted by the respondents subsequently. iv) Issue a writ, order or direction in the nature of mandamus commanding / directing the respondents, to grant the next promotions to the petitioner which are due from the year 2011, along with all consequential benefits, considering the form submitted on A.C.R. proforma submitted by the petitioner and further be directed to respondents to inform the petitioner which proforma has to 2025:UHC:5866-DB be submitted by the petitioner.” 3. Learned counsel for the petitioner submits that he is not pressing prayer as made in relief clause nos. (i), (ii), & (iii). He is confining his prayer to the relief claimed in prayer No. (iv). 4. Mr. Aditya Singh, learned counsel appearing for Gurukul Kangri Vishwavidhyalaya has drawn out attention to a letter issued by Deputy Registrar on 31.12.2016, which is on record as Annexure-13 to the writ petition. By said letter, petitioner was asked to submit application in the prescribed proforma for benefit under Career Advancement Scheme. He submits that if petitioner makes application in the prescribed proforma for the benefit of Career Advancement Scheme, then competent authority will examine petitioner’s claim and take decision as per law at the earliest. 5. Learned counsel for the petitioner, however submits that in the proforma in which the Vishwavidhyalaya wants petitioner to make application, has a column regarding teaching duty and petitioner as Assistant Librarian was not required to take any classes. He submits that only on this ground the application of the petitioner would be rejected by the competent authority. 6. We find force in the said submission made by learned counsel for the petitioner. If Librarian comes within the definition of teacher, then petitioner, if found entitled to benefit of Career 2025:UHC:5866-DB Advancement Scheme, cannot be denied promotion merely because he is not performing teaching duties in the Vishwavidhyalaya. Requirement of taking classes has to be dispensed with in respect of Librarian/Assistant Librarian. 7. We, therefore, dispose of the writ petition with liberty to petitioner to make application to the Vice Chancellor of Gurukul Kangri Vishwavidhyalaya, claiming benefit of Career Advancement Scheme. If petitioner makes such representation within two weeks from today, the competent authority in the Vishwavidhyalaya shall examine the matter and take decision as per law, within six weeks from date of receipt of such representation. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 08.07.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f0 31a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC462 6D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.11 10:21:14 +05'30'