Dr. Manoj Agarwal v. University Of Delhi & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17662/2022 DR. MANOJ AGARWAL .....Petitioner Through:

Mr. Manu Bansal, Advocate with Petitioner in person.

versus UNIVERSITY OF DELHI & ANR.

.....Respondents Through:

Mr. Santosh Kumar and Mr. Adithya Ramani, Advocates for Respondent No.1/DU.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 16.08.2024 1.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs: "A.

promote the Petitioner from the post of Associate Professor (Stage IV) to the post of Professor (Stage V) w.e.f 03.08.2021; B.

process the pay fixation of the Petitioner as per: i. promotion approved by Respondent no.2 vide office order dated 15.06.2021 from Assistant Professor (Stage II) to Assistant Professor (Stage III) w.e.f 25.01.2013;

ii. promotion approved by Respondent no.2 vide office order dated 15.06.2021 from Assistant Professor (Stage III) to Associate Professor (Stage IV) w.e.f 25.01.2016; & iii. promotion from Associate Professor (Stage IV) to Professor (Stage V) w.e.f 03.08.2021.

C.

to clear arrears of salary alongwith interest (due to unwarranted delay caused) for all the promotions of Petitioner due till date. " 2.

At the outset, learned counsel for the Petitioner, on instructions from the Petitioner, who is present in Court, submits that the reliefs claimed in W.P.(C) 17662/2022 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 14:28:20

prayers B(i) and (ii) have been granted to the Petitioner and therefore, he does not press the said reliefs and the only grievance that remains is promotion of the Petitioner to the post of Professor (Stage-V) with effect from 03.08.2021 with consequential reliefs. It is urged that consideration of the Petitioner for promotion to the said post was denied, treating him as an appointee under the Self-Financing Scheme, whereas Petitioner was appointed after the sanction was granted by the UGC. 3.

Mr. Santosh Kumar, learned counsel for Respondent No.1, on instructions, admits that Petitioner was appointed with the sanction of the UGC and cannot be treated as an appointee under the Self-Financing Scheme and therefore, the official records including the Service Book of the Petitioner will be corrected to this effect.

4.

The writ petition is accordingly disposed of taking the stand of Respondent No.1 on record and directing that the official records of the University/College, including the Service Book of the Petitioner, will be corrected and the endorsement that the Petitioner was appointed under the Self-Financing Scheme will be deleted. In light of this correction, Petitioner will be considered for promotion to the post of Professor (Stage V) in accordance with law and needless to state that if he is granted promotion, all consequential benefits will be granted to him. JYOTI SINGH, J AUGUST 16, 2024 B.S. Rohella W.P.(C) 17662/2022 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 14:28:20