CWP-17805-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 120 CWP-17805-2026 (O&M) Date of decision: 23.07.2026 Surender Kumar ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. L.K. Gollen, Advocate and Ms. Bharti Gollen, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. A.G., Haryana. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to grant Senior Scale (Academic Level-11) under the Career Advancement Scheme (CAS) to the petitioner w.e.f. 13.07.2022 along with all consequential monetary benefits including arrears with interest @ 9% per annum. Further prayer has been made to directed the respondents to decide the representations dated 29.04.2026 (Annexure P-9) and 19.05.2026 (Annexure P-10) submitted by the petitioner. 2. Learned counsel for the petitioner, inter alia, contends that the petitioner was awarded the degree of Ph.D. in Physics by Singhania University on 28.04.2013, i.e. much prior to his joining the government service and he also possesses the qualification of NET acquired in the year 2007. The petitioner joined as Assistant Professor in Physics at MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-17805-2026 2 S.M.S.L. Government College, Julana, District Jind on 13.07.2018. Learned counsel for the petitioner submits that respondent No.2 issued guidelines dated 20.09.2012 for implementation of Career Advancement Scheme (CAS) for College Cadre Teachers, wherein an Assistant Professor possessing Ph.D. qualification becomes eligible for grant of Senior Scale (Academic Level-11) after completion of four years of service. He further submits that the petitioner completed four years of regular service on 13.07.2022 and became eligible for grant of Senior Scale (Academic Level-11) under the CAS. 3. Learned counsel for the petitioner further contends that in terms of the verification mechanism prescribed by the Directorate vide memo dated 08.02.2022 for verification of Ph.D. degrees obtained from private universities, the petitioner’s Ph.D. degree was duly verified by the Principal, Government College, Julana, and the verification report was forwarded to the Directorate on 01.04.2022. The complete case of the petitioner for grant of Senior Scale was forwarded by the College to the Directorate on 20.07.2022 (Annexure P-6), and vide letter dated 23.01.2023, the Directorate approved the petitioner’s case for consideration before the Screening-cum-Evaluation Committee. Despite such approval, the name of the petitioner was arbitrarily omitted from the meetings of the Screening-cum-Evaluation Committee convened on 18.03.2025 and 30.04.2026 without assigning any reason. Learned counsel for the petitioner further argues that respondent No.2 issued letter dated 08.01.2025 directing withholding of CAS benefits of MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-17805-2026 3 teachers who had obtained Ph.D. degrees from private universities "while being in service" on account of pendency of CWP No.26892 of 2023 titled as Dr. Manju Bala and others vs State of Haryana and others. However, the case of the petitioner has no nexus with the pendency of the said writ petition as the petitioner had obtained his Ph.D. degree on 28.04.2013 which is much prior to joining the government service. Feeling aggrieved, the petitioner submitted the representations dated 29.04.2026 and 19.05.2026, but no decision has been taken thereupon till date. 4. Per contra, learned State counsel has produced the memo dated 22.07.2026 along with documents (Annexures R-1 to R-4), which is taken on record as 'Mark X' (Registry is directed to tag the same at appropriate place). Learned State counsel, on instructions, submits that the case of the petitioner has been placed before the Screening-cum- Evaluation Committee on 17.07.2026, however, he could not satisfy this Court as to why the case of the petitioner was omitted when the Screening-cum-Evaluation Committee was held on 18.03.2025 and 30.04.2026. 5. Having heard learned counsel for the parties and after perusal of the record, it is evident that the petitioner was awarded the degree of Ph.D. in Physics on 28.04.2013, much prior to his joining government service. The petitioner joined as Assistant Professor in Physics on 13.07.2018 and completed four years of regular service on 13.07.2022, thereby becoming eligible for consideration for grant of MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-17805-2026 4 Senior Scale (Academic Level-11) under the Career Advancement Scheme (CAS). The Ph.D. degree of the petitioner was duly verified in accordance with the prescribed procedure and the verification report was forwarded by the College to the Directorate. Thereafter, the Directorate, vide letter dated 23.01.2023, approved the petitioner’s case for being placed before the Screening-cum-Evaluation Committee. However, despite such approval and without assigning any reason, the petitioner’s case was not considered in the meetings of the Screening- cum-Evaluation Committee held on 18.03.2025 and 30.04.2026. Further, the reliance placed by the respondents on letter dated 08.01.2025 (Annexure P-11) issued in context of pendency of Dr. Manju Bala’s case (supra), is misplaced as the issue involved in the said writ petition pertains to Ph.D. degrees obtained by serving Assistant/Associate Professors/Professors from private universities during their service period, whereas the petitioner had obtained his Ph.D. degree on 28.04.2013, prior to joining the government service. As such, the pendency of the aforesaid writ petition cannot be a ground to withhold consideration of the petitioner’s claim. It is also apparent from the documents placed on record by learned State counsel (Mark X) that during the pendency of the present writ petition, the petitioner’s case was placed before the Screening-cum-Evaluation Committee on 17.07.2026. 6. In view of the peculiar facts and circumstances of the case, the present petition is disposed of with a direction to the respondents to MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-17805-2026 5 consider and decide the claim of the petitioner for grant of Senior Scale (Academic Level-11) under the CAS, in accordance with law, by passing a speaking order within a period of 03 months from the date of receipt of a certified copy of this order. While taking a decision, the respondents shall take into consideration the eligibility of the petitioner and the observations made hereinabove. In case the petitioner is found entitled to the benefit of Senior Scale (Academic Level-11) under the CAS, the consequential benefits shall be released to him along with interest @ 6% per annum from the date such benefits became due. It is further clarified that the petitioner shall be entitled to the said benefits, if found admissible, from the same date as granted to similarly situated candidates whose cases were approved by the Screening-cum- Evaluation Committee in its meetings held on 18.03.2025 and 30.04.2026. 7. It is made clear that any deviation from the directions issued by this Court, would entitle the petitioner to move an appropriate application under Article 215 of the Constitution of India seeking initiation of contempt proceedings against the respondents. (HARPREET SINGH BRAR) JUDGE 23.07.2026 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2026.07.23 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.