Government must promptly determine eligibility for UGC advance increments and grant benefits from the eligibility date.

The petitioner completed his LL.M. in 2015 and was appointed as an Assistant Professor in the University’s Department of Law on 1 October 2018.

He sought two non-compounded advance increments under Regulation 19.1(iii) of the UGC Regulations, 2018, by representation dated 3 September 2020.

The University stated that the State had sought clarification from the UGC and that it would act after receiving clarification; the State likewise submitted that clarification remained pending.

The petitioner then sought mandamus for the increments, pay revision and arrears.

1. Whether the petitioner’s LL.M. qualification entitled him to two non-compounded increments under Regulation 19.1(iii) of the UGC Regulations, 2018

2. Whether the State could be directed to decide the petitioner’s claim while the requested UGC clarification remained pending

Regulation 19.1(iii) of the UGC Regulations, 2018, as set out in the judgment, provides for two non-compounded increments at the entry level for the relevant postgraduate qualification.

The Court also considered the State Government’s order concerning incentives for higher qualifications and the subsequent request for UGC clarification; it did not identify or rely on any judicial precedent.

The Court noted that the petitioner had obtained his LL.M. before appointment and had been awaiting a decision on his request since 2020.

It observed that Regulation 19.1(iii) entitled him to the increments, but also considered the State’s position that clarification had been sought and the University’s reliance on that pending clarification.

Rather than grant the increments directly, the Court directed the Government to make a decision promptly and communicate it to the University, taking account of the potential arrears and consequential financial burden.

If found eligible, he was to receive the benefit from the date he became eligible, together with the consequential benefits.