1 CGHC010058052022 2026:CGHC:32841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1235 of 2022  Dr. Madan Mohan Tiwari S/o Late Shri G.B. Tiwari, Aged About 64 Years R/o R.M.S. Colony Tagore Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2. Director, Department Of Higher Education, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 3. University Grants Commission, Through Its Chairman, Bahadur Shah Zafar, Marg, New Delhi Pin 110002, District : New Delhi, Delhi ... Respondent(s) For Petitioner : Mr. Aryan Mishra, Adv. on behalf of Mr. Saurabh Dangi, Adv. For Respondents No. 1 and 2 : Mr. Vivek S. Ojha, P.L. For Respondent No. 3 : Mr. Bhuvneshwar Singh Rajput, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 30.7.2026 1) By way of this petition, the petitioner has sought following reliefs:- 10.1 That, the Hon'ble Court may kindly be pleased to quash/set-aside order dated 18/02/2021 2 (ANNEXURE P/1) 10.2 That, this Hon'ble Court may kindly be pleased tohold that the petitioner is entitled for grant of two advance increment at the time of entry into selection grade. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 1 to grant advance increment to the petitioner w.e.f from the year petitioner entered into selection grade i.e. on 27.07.1998 and thereafter re-compute his pay, allowances and other retiral benefits and pay the arrears to the petitioner, with an interest of 10% p.a. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. 2) Facts of present case are that petitioner completed Ph.D. in Science from University of Allahabad in the year 1984 and joined to the post of Assistant Professor (Physics) under the respondent No. 2 on 7.1.1985. Thereafter, his services were regularized on 4.3.1987 and he was granted benefit of three advance increments according to the prevailing circulars. Petitioner has claimed benefit of two advance increments according to circular dated 11.10.1999 on the ground that he is a Ph.D. holder but the representation made by him in this regard has been rejected by respondent No. 1 vide order dated 18.2.2021 on the ground that petitioner completed his Ph.D. prior to joining the services therefore he is not entitled for such benefit as per Clause 9(d) of circular dated 11.10.1999. 3 3) Learned counsel for the petitioner submits that respondent No. 1 has considered the Clause 9(d) of circular dated 11.10.1999 in isolation whereas in the reply, the State has stressed the ambit of entire Clause 9. He further submits that benefit of Clause 9(d) has been extended to other Assistant Professors therefore petitioner is also entitled to similar benefit. 4) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that sub-clauses (a) to (d) of Clause 9 are to be read jointly and harmoniously and Clause 9(d) specifically states that a person on completion of Ph.D. during the course of service period shall be entitled to receive benefit of two advance increment. They further submit that petitioner, who had completed Ph.D. prior to joining the services has already been granted the benefit of three advance increment at the time of confirmation of services. They also submit that respondent No. 1 has considered the issue at length and thereafter rejected the representation of sensible grounds therefore this petition is misconceived. 5) I have heard learned counsel for the parties and perused the material available on record. 6) Clause 9 of the circular dated 11.10.1999 reads as under :- 9[अ]. पी- एच डी एम फिल, उपीधि रक आवेदक क सहायक प्राध्यपीक पीद पीर फियक्त्ति क समय क्रमशः" 4 एवे# 2 वेतवे%ष्दि'दय क( पीत्रत हागी। 4 9[ब] फियक्त्तित क समय एम, फिल, उपीधि रक द्वार फियक्त्तित क 2 वेर्ष. क अन्दर पी-एच. डी. उपीधि प्राप्त कर पीर एक वेतवे%ध्दिध्द क( पीत्रत हागी। 9[स] पी. एच. डी. उपीधि रक शिशःक्षक क प्रावेशः श्रेणी वेतम / रडीर वेतम म7 स्था हा पीर द अफि9म वेतवे%द्धि;य क( पीत्रत हागी। 9[द] प्रात्यक कय.रत शिशःक्षक क अपी सवेकल म7 पी. एचडी. उपीधि प्राप्त कर पीर द अफि9म वेतवे%द्धि;य क( पीत्रत हागी। 7) It is not in dispute that petitioner completed Ph. D. in Science in the year 1984. Thereafter, he joined services on the post of Assistant Professor (Physics) in the year 1985 and his services were regularized in the year 1987. Petitioner was extended the benefit of three advance increments back then and he has again claimed two advance increments from the date he entered into selection grade according to Clause 9. 8) In my opinion, the sub-clauses (a) to (d) of Clause 9 are to be read jointly and harmoniously and such benefit of two advance increments to the Ph.D. holder employee would be given once in the entire service period. 9) Taking into consideration the above-discussed facts, no case is made out for interference. Consequently, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.07.30 16:37:31 +0530