2026:UHC:4179 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/701/2022 Hon’ble Manoj Kumar Tiwari, J. Mr. B.S. Negi, Advocate holding brief of Mr. Prabhakar Joshi, Advocate for petitioner. Mr. Narayan Dutt, Standing Counsel for the State. Dr. Kartikey Hari Gupta, Advocate for respondent Nos. 2 and 3. 2. Petitioner was regularly appointed as Technical Assistant in Physics Department of H.N.B. Garhwal State University on 01.12.2006 in the pay scale of Rs. 4500-125-7000/-. He claims pay parity with Technical Assistants serving in Department of Ancient History and Archaeology of the same University, who were getting salary in pay scale of Rs. 5500-175-9000/-. 3. Claim of petitioner was recommended by Registrar of said University to State Government vide letter dated 22.06.2007. While the claim was still pending with the State Government, H.N.B. Garhwal University acquired status of Central University under Central Universities Act, 2009 w.e.f. 15.01.2009. 4. Additional Secretary, Higher Education, Government of Uttarakhand, approved the proposal for granting pay parity to petitioner with Technical Assistants serving in Department of Ancient History and Archaeology vide order dated 09.07.2021; but a condition was attached that 2026:UHC:4179 financial burden on account of up-gradation of pay scale shall be borne by H.N.B. Garhwal (Central) University. 5. Approval granted by State Government vide G.O. dated 09.07.2021 was considered by Finance Committee of the Central University in its 18th Meeting held on 05.01.2022, and it was resolved that after 15.01.2009, there was no reason for seeking State Government’s approval for a post in Central University. 6. Learned counsel for the petitioner submits that proposal for grant of pay parity was sent by Registrar of the University on 22.06.2007 while it was still a State University, therefore objection raised by Finance Committee in its 18th Meeting, is unsustainable. 7. Learned counsel appearing for University, however, submits that Registrar of H.N.B. Garhwal (Central) University had re-sent the same proposal which was sent in 2007, vide letter dated 04.03.2021 and Finance Committee took exception to the second proposal sent by Registrar in 2021. 8. Learned counsel for H.N.B. Garhwal University further submits that the University do not have financial resources to grant pay parity as claimed by petitioner and Ministry of Education, Government of India alone would be competent to take decision in that matter. 2026:UHC:4179 9. It is not in dispute that petitioner is holding position of Technical Assistant and he is getting salary at lower pay scale compared to Technical Assistant serving in other departments. The University in principle accepted the claim staked by petitioner and had sought guidance from State Government by issuing letter in 2007, while it was still a State University. 10. The proposal sent by Registrar in 2007 was re-send to the State Government in 2021 and State Government issued G.O. on 09.07.2021 granting approval for giving same salary to petitioner as is being paid to Technical Assistant serving in other departments. 11. This Court finds substance in the contention raised on behalf of the University that after 15.01.2009, when University became Central University, State Government was not competent to take decision regarding pay scales payable to employees of Central University. 12. Having regard to the aforesaid facts and circumstances, the writ petition is disposed of by permitting petitioner to make representation before Registrar, claiming parity in pay scales with Technical Assistant serving in other departments of the University. 13. If petitioner makes such representation before Registrar within two weeks from today, Registrar shall forward the representation made by 2026:UHC:4179 petitioner along with his comments to the Ministry of Education, Government of India. The competent authority in Ministry of Education shall look into the grievance raised by petitioner in the light of comments submitted by Registrar of the University and take appropriate decision as per law, within four months from date of receipt of such representation. (Manoj Kumar Tiwari, J.) 26.05.2026 Mahinder/