I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON’BLE CHI EF JUSTI CE MR. G. NARENDAR

AND

THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY

Writ Petition (S/B) No. 401 of 2025

25^th September, 2025

Dr. Deepak Kumar Tamta and others ---------Petitioners

Versus

State of Uttarakhand and others

-------Respondents

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Presence:-

Mr. T.A.Khan, learned Senior Counsel, assisted by Mr. Vinay Bhatt and

Mr. Mohd. Shafy, learned counsels for the petitioners.

Mr. J.C.Pande, learned Standing Counsel for the State/respondent no.1.

Mr. S.S.Lingwal, learned counsel for the respondent nos. 2 & 4.

Mr. C.S.Rawat, learned counsel for the respondent nos. 3 & 5.

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JUDGMENT : (per Mr. SUBHASH UPADHYAY, J.

Petitioners have filed the present Writ Petition

with the following prayer:

(i) To issue a writ, order or direction in the nature of

mandamus commanding the respondents to grant the benefit of three “Non Compounded Advance Increments” to the petitioners, as provided in clause 9.4 (i) Grant Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the

Maintenance of Standards in Higher Education) Regulations -2010, from the date of award of Ph.D. degree in favour of the petitioners along with the arrears thereof together with interest @ 12% per annum from the date of award of Ph.D. degree till the date of payment.

2. Learned counsel for the petitioners contends that the petitioner nos.1 & 2 were appointed on 02.05.2013 as Assistant Professor in Economic and Psychology respectively. Petitioner no. 3 is an Assistant Professor in Chemistry and was appointed on 30.11.2010; that as per clause 9.4(i) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations -2010, the petitioners are entitled for 3 Non Compounded Advance Increments in the service as they have completed Ph.D. degree in the relevant discipline of the employment. Clause 9.4(i) of the Regulation reads as under:

“ 9.4(i) Teachers who complete their Ph.D. Degree while in service shall be entitled to 3 non-compounded increments if such Ph.D. is in a relevant discipline of the discipline of employment and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course work, revaluation, etc.”

3. Learned counsel for the petitioners further contends that during the course of employment, the petitioners have completed their Ph.D. degree and thereafter had submitted representations to the respondent-authorities for providing benefit of Clause

9.4(i) of the Regulations.

4. Learned counsel for the respondent nos. 2 & 4 Mr. S. S. Lingwal, on instructions received submits that the University has also sent a letter dated 27.05.2025 and necessary directions from the Government are awaited.

5. Learned counsel for the State submits that if the respondent-University sends reminder to the Government then the same shall be considered within 8 weeks from the date of receipt of the said reminder.

6. The submission made by learned counsel for the respondents are taken on record.

7. We accordingly, direct the University to sent one reminder to the State Government with the categorical opinion, as to whether, the petitioners are entitled for 3 Non Compounded Advance Increments as per Clause 9.4(i) of the Regulations within four weeks from today. If the petitioners are entitled for the said benefits, the same shall be released to them forthwith. The aforesaid exercise shall be completed by the respondent no.1 within eight weeks from the date of receipt of the reminder.

8. With the above observations, the Writ Petition stands disposed of.

(G. NARENDAR, C. J.)

(SUBHASH UPADHYAY, J.)

Dated: 25.09.2025 Kaushal