Himachal Pradesh High Court
Rakesh Kumar Chandel vs . State Of H.P. & Ors. on 21 June, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Rakesh Kumar Chandel Vs. State of H.P. & Ors.
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CWPOA No. 3346 of 2019 21.06.2022 Present: Mr. P.D. Nanda, Advocate, for the petitioner.
M/s Dinesh Thakur, Sumesh Raj and Sanjeev Sood, Additional Advocates General with Mr. Manoj Bagga, Assistant Advocate General, for respondents No.1 and 2-State.
Ms. Aruna Chauhan, Advocate, for respondent No.3.
Mr. Y.K. Sharma, Superintendent Himachal Pradesh University is present in person.
Heard further. Record of the case has been produced by the respondent-University and perusal thereof demonstrates that the University is granting the State Pay Scale to the petitioner in terms of a communication which has been received by the University from Additional Chief Secretary (Agriculture) to the Government of Himachal Pradesh dated 14th of November, 2014, in which it is mentioned that the matter was taken up by the Agriculture Department with the Finance Department who have clarified that the post of Senior System Analyst will have only State Pay Scale in view of the fact that the State Government while revising the pay scale after 01.01.2016, has consciously decided to accord UGC only for teaching staff.
Mr. P.D. Nanda, learned counsel appearing for the petitioner submits that besides the fact that the post of Senior System Analyst is for all intends and purposes construed by the respondent-University as a teaching post, otherwise also, the grant of State Pay Scale even to Senior System Analyst in terms of the decision taken by the Government at best can have ::: Downloaded on - 22/06/2022 20:04:12 :::CIS prospective effect meaning thereby that service conditions of .
Officer like the petitioner who responded to the advertisement in which the post of Senior System Analyst was advertised under the UGC Pay Scale could not be altered to his deterrent and petitioner is entitled for the revision of the pay scale as per the UGC scale. The case is ordered to be listed for final consideration on 04.07.2022. On the said also the relevant record be produced by the respondent-University. Let the Registrar of the respondent-University be also present in the Court to assist the Court on the issue.
(Ajay Mohan Goel) Judge June 21, 2022 (vinod) ::: Downloaded on - 22/06/2022 20:04:12 :::CIS