Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(P&H) 82139

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tribhuvan Dahiya, J
Dinesh Kumar – Appellant
Versus
Guru Jambheshwar University of Science and Technology – Respondent
CWP-4879-2022

Advocates:
For the Appellants/Petitioners: Anil Rana
For the Respondents: Puneet Gupta, Ravi Dutt Sharma

State audit authorities cannot unilaterally withhold salary of university employees based on external government service rules when the university is an autonomous body and the promotion/adjustment does not involve unauthorized creation of posts or new financial implications.

Headnote:(A) Guru Jambheshwar University, Hisar Act, 1995 - Section 33 - University autonomy - Salary withholding - Petitioner promoted as Deputy Registrar against leave vacancy, subsequently adjusted against ex-cadre post - Salary withheld by Audit department on grounds of non-availability of post and failure to follow government service rules - Court held that government service rules regarding reversion are not automatically applicable to university staff unless adopted - University possesses statutory autonomy; State government cannot interfere in internal administrative decisions regarding salary or employee adjustments in the absence of explicit legislative power - Withholding salary after prior payment without legal basis is arbitrary and discriminatory. (Paras 16-20)

Facts of the case:
The petitioner, an employee of the respondent University, was promoted to the rank of Deputy Registrar. Following the repatriation of a senior official, the University adjusted the petitioner against an existing ex-cadre vacant post to facilitate smooth administrative functioning. Although initially paid, the salary was subsequently stopped by the Audit department citing lack of clear vacancies and non-compliance with external civil service rules.

Findings of Court:
The Audit department acted in excess of its jurisdiction. The University's internal decision to adjust the employee against an equivalent or higher vacant post did not involve the creation of new posts or financial implications requiring State government approval under the University Act. The withholding of salary was arbitrary and lacked legal justification.

Issues: Whether the state audit authorities are empowered to interfere in the internal administrative salary adjustments of an autonomous university and whether the government civil service rules regarding reversion apply to university personnel absent formal adoption.

Ratio Decidendi: An autonomous university is not subject to state administrative control in its internal affairs, including salary adjustments and service conditions of employees, unless explicitly provided by the university's governing statutes. Audit authorities cannot override valid administrative decisions of the University’s executive body without a specific legal basis.

Result: Petition allowed with directions to release salary arrears with 7% interest and payment of costs.

The petition has been filed inter alia seeking a writ of mandamus directing the respondents to release monthly salary to the petitioner as Deputy Registrar with effect from January, 2022 onwards, as he continuously worked as such in the University till superannuation from service on 31.03.2026.

Succinctly, the facts of the case are, the petitioner was working as Assistant Registrar in the respondent/Guru Jambheshwar University of Science and Technology (for short, ‘the University’) since 16.06.2016, and was promoted to the post of Deputy Registrar on the recommendations of the Establishment Committee with the approval of the Executive Council in its meeting held on 25.07.2020. The promotion was granted to him against leave vacancy of Dr. Satyavir Singh, Deputy Registrar, who was on deputation to another State University, in pay level-12. This was conveyed to him vide order dated 30.07.2020, Annexure P-1, which also stipulated that as and when clear post is available, he would be placed accordingly. Dr. Satyavir Singh rejoined the University after his deputation came to an end with effect from 03.06.2021. Pursuant thereto, vide office order dated 22.06.2021, Annexure P-2, the University decided to treat the petitioner as Deputy Registrar against the post of Deputy Director (Distance Education) (pay level-13) with effect from 03.06.2021. Accordingly, he kept working as Deputy Registrar and was getting regular salary up to December, 2021. However, payment of salary to him was stopped with effect from 01.01.2022, on account of several objections raised by respondent no.3/Joint Director, Local Audit, posted in the University by the State Government.

The University has filed reply not disputing the facts aforementioned and stated that after Dr. Satyavir Singh rejoined, the petitioner’s salary as Deputy Registrar was ordered to be released against the post of Deputy Director (Distance Education), which was not cleared by respondent no.3. It also mentions that in so many similar cases, the salary has been released by respondent no.3, but an exception has been made in the petitioner’s case that too after paying him salary initially up to December, 2021, against the post of Deputy Director (Distance Education). The reply also referred to the proceedings of a Committee dated 17.12.2021, Annexure P-6, which was constituted to consider the cases of employees who had been promoted against other vacant posts. The Committee noted that after affiliation of a number of colleges/institutes to the University leading to increase in workload, the University promoted some of the employees in their line of promotion and their salary was released against other vacant posts for smooth functioning. This was done on account of non-availability of adequate number of posts. The Committee also recorded that the Additional Chief Secretary, Department of Finance, had requested the University Registrar, vide letter dated 13.07.2020, Annexure P-9, that salary of senior finance officers posted in the University by the Government be drawn either against the vacant posts of a senior officer or from any other equivalent post. The relevant extract of the proceedings of the Committee is as under:

The University had promoted approximate forty employees against other posts out of which the salary of some of the employees has already been admitted but in most of the cases, the salary has not been admitted yet by the Audit. Some of the employees have submitted their requests to release salary against the promoted posts. Salary of Sh. Dinesh Kumar has been admitted upto 31.12.2021 with the Audit requisition to decide his case within two months. Salary of Smt. Sunita Rani, JSS has been admitted on her feeder post on the post of Steno Typist instead of on the post of JSS. After thorough discussion on the case, the Committtee observed as under:

(i) During the course of restructuring of posts of this University in the year 2003, non-teaching posts were sanctioned by the State

Click Here to Read the rest of this document

2026 Supreme(Online)(P&H) 82139

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHTribhuvan Dahiya, JDinesh Kumar – AppellantVersusGuru Jambheshwar University of Science and Technology – RespondentCWP-4879-2022

State audit authorities cannot unilaterally withhold salary of university employees based on external government service rules when the university is an autonomous body and the promotion/adjustment does not involve unauthorized creation of posts or new financial implications.

Cases Referred (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tribhuvan Dahiya, J
Dinesh Kumar – Appellant
Versus
Guru Jambheshwar University of Science and Technology – Respondent
CWP-4879-2022