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3. Petitioners approached this Court alleging non-compliance of the order of the Writ Court, which according to them revived the status quo ante where under such advance Ph.D increments were being paid to them. The opposite parties of the State took time to show compliance and have come out with a resolution no. 305 dated 09.03.2022. The operative para 6 & 7 whereof is extracted hereunder:

06. यू०जी०सी० के पत्रांक-F-3-1/2009, दिनरांक-28.06.2010 के schedule for clause 6.8.0 की कां डिकर 9.0 एवां यू.जी.सी. द्वररर जररी दकये गये पडलिक नोटिस सांख्यर-28-9/2018 (PS/MISC.), दिनरांक 07.12.2018 में डनडित शतों के आिोक में डनम्नवत् स्वीकृ डत प्रिरन की जरती िै:-

4. Petitioners are aggrieved as the Writ Court's order have not been complied in letter and spirit. The resolution of 09.03.2022 though affirms payment of advance Ph.D increments to the Ph.D holders, whether having obtained the Ph.D degree before entering into service or after entering into service, but has made it prospective from the date of the notification with notional benefits from 01.09.2008. According to learned counsel for the petitioners, this does not amount to compliance of the order of the Writ Court in letter and spirit rather it amounts to deliberate violation of the Writ Court's order when the judgment has attained finality and there are no appeals pending or decided against it.

5. On the part of the State, learned Additional Advocate General-I Mrs. Darshana Poddar Mishra argues that the resolution of 21.11.2010 as was also pointed out to the Writ Court, actually never adopted the guidelines regarding grant of advance Ph.D increment but some of the Universities had extended the benefits to some of its teacher on their own which was stayed by the department. This led to the challenge before the Writ Court. The learned Writ Court quashed the stoppage of payment of Ph.D increments but did not issue any specific direction to pay it from any cutoff date or the manner in which it is to be paid. The State, however in deference to the judgment of the learned Writ Court deliberated over the matter and in view of the huge financial implication involved issued the resolution bearing no. 305 dated 09.03.2022 according the benefits of advance Ph.D increments to the Ph.D holders / teachers but with notional benefits from 01.09.2008 with actual monetary benefits flowing prospectively from the date of resolution. The resolution in effect intends to implement the direction of the Writ Court rather than flouting it. In view of the resolution dated 09.03.2022, whether the contention of the petitioner that actual monetary benefits are to be paid from 01.09.2008 in terms of the resolution dated 20.11.2010, is a novel question, which was not the subject matter of the writ petition and may not be decided in the contempt jurisdiction as it involves interpretation of the provisions of the U.G.C. regulations and its adoption by the State Government in 2010 and in 2022. Even otherwise, since the petitioners would also get the notional benefits which accumulates to their advantage under the annual pay fixation, the allegation of deliberate and willful disobedience of the Writ Court's order does not arise. Therefore, the opposite parties may be discharged of the contempt proceedings.

6. I have considered the submission of learned counsel for the parties. I have also gone through the judgment under offence and the respective affidavits of the petitioners and the show cause filed by the opposite parties of the State. What was under challenge before the Writ Court was stoppage of payment of advance Ph.D increments to the writ petitioner, some of whom got this benefit by virtue of resolution dated 20.11.2010 as teachers of Ranchi University and Nilambar Pitambar University amongst few more Universities in the State. The issuance of the resolution dated 09.03.2022 may be a modification of the resolution dated 20.11.2010; it may also be a clarification of the resolution dated 20.11.2010 as it also takes into note the clarification on the conditions required to be fulfilled by the Ph.D degree holders to avail the advance Ph.D increments as resolved by the U.G.C through its letter dated 07.12.2018. By issuance of this resolution the benefits of advance Ph.D increments on which the Writ Court adjudicated, have not been taken away but the benefits accrues with notional effect from 01.09.2008 and grants monetary benefits prospectively. The resolution dated 09.03.2022 on the face of it, therefore, cannot be said to be a deliberate attempt to over reach the judgment of the learned Writ Court. The contentious legal issues which arise out of issuance of the resolution dated 09.03.2022 are something which need not be gone into in the contempt jurisdiction as they involve interpretation of the resolution of the State Government dated 20.11.2010 and the instant resolution dated 09.03.2022 issued in furtherance of the U.G.C regulation.