High Court of DelhiW.P.(C)/2095/2024

Dr Mahak Singh v. Union Of India Through Its Secretary, Department Of Higher Education & ANR.

2025-12-19Hon'Ble Mr. Justice Avneesh Jhingan3 pages

.....Petitioners Through:

Mr. Rakesh Dahiya, Mr. Anuj Rathee and Mr. Praveen Kumar, Advs.

versus UNION OF INDIA THROUGH ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION & ANR.

.....Respondents Through:

Mr. Piyush Beriwal, Ms. Neha & Ms.

Ruchita Srivastava, Advs. for R-1.

Mr. Om Prakash, Ms. Swati Mishra, Mr. Chandresh Pratap, Ms. Komal Yadav & Mr. Prince Yadav, Advs. for R-2, UGC.

Mr. Yeeshu Jain, ASC, Ms. Jyoti Tyagi and Ms. Vishruti Pandey, Advs. for R-3.

Mr. Anurag Dayal Mathur, Adv. for R-5 & 6.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 19.12.2025 1.

This petition is filed raising a grievance that the juniors of the petitioners who had completed the Ph.D. degree after the implementation of Sixth Central Pay Commission (for short „Sixth CPC‟) are drawing higher pay vis-a-vis the petitioners who completed the Ph.D. degree prior to that. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The petitioners are faculty members of Ramjas College and Shaheed Sukhdev College of Business Studies, respondent Nos.5 and 6 respectively. 3.

The undisputed facts are that the petitioners completed their Ph.D. before the implementation of Sixth CPC and were granted increments in pursuance of the pay commissions effective at the relevant time. The juniors to the petitioners were given three increments as per the Sixth CPC for having completed their Ph.D. degree after the implementation of the Sixth CPC and this resulted in juniors drawing more salary than the petitioners. 4.

The issue is no longer res integra and has been dealt with by the Division Bench of the Bombay High Court in Sudamrao Keshawrao Aher & Ors. v. State of Maharashtra & Ors., W.P.(C) 10283/2012 decided on 21.11.2013 and against this decision the SLP was dismissed. A similar view has been taken by the Division Bench of the Kerala High Court in Writ Appeal No. 488/2017 titled as Government of Kerala & Anr. V. Dr. Beena T. Abraham & Ors.

The learned Single Judge of this Court in Anil Krishan Aggarwal & Ors. Vs. Union of India & Ors., W.P.(C) 7571/2017 decided on 24.04.2015 following the decisions of the Bombay High Court and the Kerala High Court allowed the writ petition with the direction to step up the salaries of the petitioners to the stage of revised pay structure of the faculty members junior to the petitioners. The operational part of the decision is reproduced:- "12. Consequently, the writ petition is allowed, and the respondents are directed to step up the petitioners‟ salaries to the stage of the revised pay structure of their respective juniors in terms of Annexure P5 to the writ petition. In the cases of petitioner Nos. 1 and 7, who are still in service, their salaries will be refixed within a period of eight weeks from today. In the case of the remaining petitioners, their salaries will be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

refixed notionally and their pension will be refixed in accordance with these directions. Arrears of salaries and pension will be paid to all the petitioners within a period of eight weeks thereafter."

Learned counsel for the parties are at ad idem that the issue is covered by the decision of this Court in Anil Krishan Aggarwal (supra). 7.

In view of the above, the writ petition is allowed and disposed of in the same terms. Pending applications stand disposed of. 8.

There is no doubt that the needful shall be done by the respondents as expeditiously as possible in the facts of the case. AVNEESH JHINGAN, J DECEMBER 19, 2025 'ha'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.