Entitlement to backwages under Career Advancement Scheme must be determined by Government per UGC Regulations.

The Appellant was the successful petitioner in a previous writ petition (WP No. 24244 of 2019) where the Writ Court granted him benefits under the Career Advance Scheme, including continuity of service and pay fixation as per UGC Regulations

However, the Writ Court directed the Government to decide the specific entitlement of backwages.

Although the Government initially rejected the claim on 28.11.2022, that order was subsequently cancelled due to contempt proceedings, leaving the issue of backwages undecided.

The Appellant filed this intra-Court appeal seeking the restricted relief of payment of backwages.

During the pendency of the matter, the University deposited ₹15,63,787/- with the High Court Registry.

Whether the Appellant is entitled to the payment of backwages under the Career Advance Scheme based on UGC Regulations.

Whether the Court should direct the Government to pass a fresh order regarding the quantified backwages deposited by the University.

The Court relied on the University Grants Commission (UGC) Regulations as the primary legal framework for determining pay fixation and consequential benefits under the Career Advance Scheme.

It applied the principle that the entitlement to backwages is not automatic but must be decided on merits by the competent authority (the Government) in accordance with specific statutory regulations and law.

The Court observed that while the Writ Court had already granted the substantive relief of career advancement and continuity of service, the specific issue of backwages remained "undecided from the hands of the Government" due to the cancellation of the prior rejection order.

The Bench reasoned that because the determination of backwages requires a merit-based evaluation under UGC Regulations, it is appropriate to relegate the matter back to the Government rather than deciding the quantum itself.

The Court further noted that since the University had already quantified and deposited the disputed amount (₹15,63,787/-) before the High Court, the funds should be returned to the University pending the Government's final decision to facilitate disbursement if the claim is approved.

The Government is directed to decide the issue on merits in accordance with law within twelve weeks.

Additionally, the Registrar General of the High Court is directed to release the deposited amount of ₹15,63,787/- plus interest to the University within ten days of their application.

No costs were awarded.