Incorporation of Career Advancement Scheme in University Statutes mandates consideration for Higher Academic Grade.

The petitioner was appointed as a Lecturer at Kumaon University in 1976 and was subsequently promoted to Professor on 27.07.1998.

He retired on 30.06.2020 at the age of 65.

The petitioner filed a writ petition seeking a Mandamus to grant him antedated personal promotion to the Higher Academic Grade (Senior Professor) effective from 31.12.2008, as per University Grants Commission (UGC) Regulations 2010 and 2018.

The University maintained that they had requested the State Government to sanction the pay scale for this grade multiple times between 2015 and 2019.

The State Government initially resisted, claiming the University had not incorporated the relevant provisions into its Statutes.

However, evidence was presented that the Higher Education department adopted the scheme in 2013, and the Vice Chancellor officially sanctioned the incorporation of the Career Advancement Scheme (CAS) 2010 into the University Statute on 21.04.2022.

Whether the petitioner is entitled to consideration for promotion to the Higher Academic Grade/Senior Professor under the Career Advancement Scheme despite his superannuation, given the delayed incorporation of UGC Regulations into the University Statutes.

The court applied the UGC Regulations 2010 & 2018 regarding the Career Advancement Scheme (CAS), which provides for the promotion of Professors to the Higher Academic Grade (Stage 6) in the pay scale of Rs. 67,000–79,000 with an AGP of 12,000/-.

It further relied on the legal significance of the University Statutes, noting that while the State issued a Government Order on 28.05.2013 adopting the scheme, formal incorporation into the University’s First Statute was required for implementation.

The court found that the primary obstacle to the petitioner’s claim—the non-incorporation of the UGC CAS provisions into the University Statutes—had been rectified.

Although the State argued in its counter-affidavit that the application had no legal ground because "Stage 6" did not exist in the Statutes at the time of the petitioner’s service, the University confirmed that the Vice Chancellor sanctioned the inclusion of the 2010 CAS Regulations into the Statute on 21.04.2022.

The court reasoned that since the relevant provisions are now part of the University’s first statute, there is no longer a legal impediment to processing the petitioner’s claim for antedated promotion.

The court determined that the petitioner’s eligibility should be evaluated by a duly constituted Selection Committee as per the applicable regulations.

The Court held that if the petitioner is found eligible, the competent authority must pass necessary orders granting the benefit within four months.