1 2026:CGHC:27457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4374 of 2026 1 - Dr. Deepak Shrivastava S/o Late K.B. Shrivastava Aged About 64 Years R/o Vijaya Regency, Vijayapuram, Seepat Road, Bilaspur, Chhattisgarh. Working As Assistant Professor, Indira Gandhi Krishi Vishwavidalaya, Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Indira Gandhi Krishi Vishwavidayalaya Through Its Vice Chancellor, Indira Gandhi Krishi Vishwavidayalaya, Krishak Nagar, Labhandi, Raipur, District Raipur, Chhattisgarh. 3 - Registrar Indira Gandhi Krishi Vishwavidayalaya, Krishak Nagar, Labhandi, Raipur, District Raipur, Chhattisgarh. 4 - Controller (Lekha Niyantrak) Indira Gandhi Krishi Vishwavidayalaya, Krishak Nagar, Labhandi, Raipur, District Raipur, Chhattisgarh. ... Respondents For Petitioner : Mr. Anand Shukla, Advocate. For State : Ms. Poorva Tiwari, Panel Lawyer For Respondents No.2 to 4 : Mr. Shashank Thakur, Advocate AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.07.08 10:39:48 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 03/07/2026 1. By the present petition, the petitioner has prayed for following reliefs:- “1. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction quashing the impugned communication/memo dated 11.02.2026 issued by Respondent No. 03, whereby the claim of the petitioner for grant of advance increments on account of Ph.D. qualification has been rejected. 2. That, this Hon'ble Court may kindly be pleased to direct the respondents to grant the benefit of advance increments to the petitioner in lieu of his Ph.D. qualification in terms of the revised pay scale order dated 30.06.2010. 3. That, this Hon'ble Court may kindly be pleased to direct the respondents to grant the aforesaid advance increments to the petitioner with effect from 06.12.2010, i.e., the date from which the probation period of the petitioner has been treated as completed vide order dated 25.10.2023, along with all consequential service and monetary benefits including arrears of pay, along with interest. 4. That, this Hon'ble Court may kindly be pleased to direct the respondents to re-fix the pay of the petitioner after granting the benefit of advance increments and to release all consequential benefits arising therefrom. 5. The Hon'ble Court may kindly be pleased to 3 direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice” 2. (a) Learned counsel for the petitioner would submit that initially the petitioner was appointed as Agriculture Development Officer (Lower Division) in the year 1985, thereafter, he appointed on the post of Assistant Professor vide order dated 03/04/2008. According to the petitioner, in the meanwhile, after obtaining due permission from the authorities in the year 2002, he himself registered for the course of Ph.D, in the year 2004 and the same has been completed in the month of December, 2010. Learned counsel submits that on 30/06/2010, the pay scales of the employees of Indira Gandhi Krishi Vishwavidyalaya (for short ‘the University’) were revised wherein it was specifically provided that the Ph.D degree holders shall be entitled to five advance increments. Since the petitioner is the Ph.D. degree holder, he submitted a representation and prayed for grant of five advance increments, to which, the respondent authorities by letter dated 24/06/2011, informed that the benefit of advance increments on completion of Ph.D. course will be give to the petitioner on completion of probation period. Even the same has been again reiterated in letter dated 10th Jan/Feb, 2014. (b) Learned counsel would submit that in the meanwhile, the 4 University Grants Commission (UGC) by Gazette Notification dated 11/07/2016, amended the regulations governing the appointment of Assistant Professors and provided that candidates who had registered for the Ph.D programme prior to 11/07/2009, shall be exempted from the requirement of clearing National Eligibility Test (NET) for recruitment and appointment to the post of Assistant Professor or equivalent posts in the Universities/Colleges. Thereafter, the petitioner requested the authorities for completion of the probation period and the authorities vide order dated 21/07/2020 completed the probation period of the petitioner on the post of Assistant Professor w.e.f. 17/07/2020. After receipt of the said order, the petitioner requested for providing the advance increments on the ground that he has completed the probation period. However, the respondents vide order dated 25/10/2023, completed the probation period of the petitioner w.e.f. 06/12/2010. After that, the petitioner submitted several representations and running from pillar to post for providing the five advance increments as he has completed the Ph.D degree, but all of a sudden, by the order impugned dated 11/02/2026 Annexure P-1, the respondents refused to provide advance increments on completion of Ph.D degree because he has taken the advantage of exemption from the NET examination. Learned counsel would further submit that the order impugned is bad in law and the same has been passed 5 without appreciating the entire the facts and circumstances in its true perspective and also by not considering the Gazette Notification issued by the UGC on 11/07/2016. 3. Per contra, learned counsel for the State and learned counsel for the University would oppose the aforesaid submission of the petitioner. Learned counsel for the University would submit that in the appointment order issued in favour of the petitioner for the post of Assistant Professor, there is a specific condition that the candidate who has not qualified the NET, shall have to pass the NET examination within two years period, failing which their increments will be withheld. Learned counsel submits that the petitioner could not pass NET examination within the stipulated period despite repeated extensions granted by the University. Learned counsel would further submit that the petitioner himself gave an undertaking to the effect that if he failed to clear the NET examination within the stipulated time, he will not raise any claim or objection with respect to financial benefits, therefore, the petitioner is not entitled for any relief. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. It is an admitted fact that the petitioner appointed on the post of Assistant Professor on 03/04/2008 and prior to the said appointment, earlier he used to work as Agriculture Development Officer (Lower Division) from the year 1985. 6 During this period, the petitioner applied for permission for Ph.D course which was allowed in the year 2002 and on the basis of said permission, the petitioner himself registered for Ph.D course on 09/03/2004 and he successfully completed the Ph.D. course in the month of December 2010. It is also the admitted fact that the University vide order dated 30/06/2010 revised the pay scales of the employees wherein there is a specific clause to the effect that the employees who have completed the Ph.D course, are entitled for five advance increments. On the basis of the same, the petitioner moved the application for advance increments on completion of Ph.D course, to which, the University properly responded and informed the petitioner that after completion of the probation period, he will be entitled for advance increments in respect of Ph.D course. During this time, the UGC by its Gazette Notification dated 11/07/2016 amended the regulations namely the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) (4th Amendment), Regulations, 2016, wherein passing of NET examination, has been exempted for the candidates who have completed their Ph.D. programme prior to 11/07/2009. Regulation 3 of the Regulations, 2016 reads as under:- 7 “The proviso prescribed under Regulation 3.3.1, 4.4.1, 4.4.2, 4.4.2.2, 4.4.2.3, 4.5.3 and 4.6.3 in the University Grants Commission (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) (3th Amendment) Regulations, 2016 regarding exemption to the candidates registered for Ph.D. programme prior to July 11, 2009 shall stand amended and be read as under:- "Provided further, the award of degree to candidates registered for the M.Phil/Ph.D programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bylaws/Regulations of the Institutions awarding the degree and the Ph.D candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/ Colleges/ Institutions subject to the fulfillment of the following conditions: a) Ph.D. degree of the candidate awarded in regular mode only; b) Evaluation of the Ph.D. thesis by at least two external examiners; c) Open Ph.D. viva voce of the candidate had been conducted; d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in a refereed journal; e) Candidate has made at least two presentations in conferences/seminars, based on 8 his/her Ph.D work. (a) to (e) as above are to be certified by the Vice-Chancellor/Pro-Vice-Chancellor/Dean (Academic Affairs)/Dean (University instructions)” 6. Considering the admitted facts on record, it is evident that the petitioner was appointed as Assistant Professor on 03.04.2008 and had registered for the Ph.D. programme on 09.03.2004 after obtaining due permission from the employer. Thereafter, the petitioner successfully completed the Ph.D. degree in December, 2010. The order dated 30.06.2010 specifically provides for grant of five advance increments to teachers possessing Ph.D. qualification. Further, the University itself had informed the petitioner that he would be entitled to the said benefit of five additional advance increments upon successful completion of his probation period. The objection raised by the respondents regarding the petitioner's non-possession of the NET qualification is unsustainable in view of the Regulations, 2016, which specifically exempt the candidates who had registered for the Ph.D. programme prior to 11.07.2009 from the requirement of NET. Since the petitioner had registered for the Ph.D. programme on 09.03.2004, much prior to the prescribed cut-off date, he squarely falls within the ambit of the exemption. Accordingly, the petitioner is entitled to the benefit of five advance increments as per the order dated 30/06/2010 issued by the Department of Agriculture, Government of 9 Chhattisgarh from the date on which he became eligible under the applicable rules. 7. Accordingly, the petition is allowed. The respondents are directed to grant the benefit of five advance increments along with all consequential benefits in favour of the petitioner within a period of 90 days from the date of receipt of a copy of this order. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep