Dr Nidhi Sinha Vs Sri Guru Tegh Bahadur Khalsa College & Anr.

¶1

$~63

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 11768/2025 DR NIDHI SINHA .....Petitioner Through: Ms. Monika Arora, Mr. Subhrodeep Saha, Mr. Prabhat Kumar, Ms. Anamika Thakur, Advocates. versus SRI GURU TEGH BAHADUR KHALSA COLLEGE & ANR. .....Respondents Through: Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal, Ms. Aishwarya Malhotra, Ms. Yamni P., Advocates for R-2. Mr. Jai Kishor Singh, AoR, Mr. Bharat Bhushan, Mr. C. Shekhar Malhotra, Ms. Preeti Sharma, Mr. Ashish Kumar Singh, Mr. Rohit Bainsla, Advocates.

¶4

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

¶5

O R D E R % 06.08.2025

¶6

The petitioner, who is working as an Assistant Professor in the Department of Physics in the respondent No. 1-Sri Guru Tegh Bahadur Khalsa College [“the College”] is aggrieved by a communication of respondent No. 2–University of Delhi [“the University”] dated 11.07.2025, by which her pay has been fixed.

¶7

Ms. Monika Arora, learned counsel for the petitioner, submits that

¶8

W.P.(C) 11768/2025

¶9

Page 1 of 4

¶10

This is a digitally signed order. 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 08/08/2025 at 15:34:58

¶11

the petitioner was appointed as a Lecturer in Electronics in the Department of Physics and Electronics in the College on temporary basis with effect from 05.02.2003, where she served until her appointment as an Assistant Professor in the Department of Physics on regular basis, by an order dated 17.10.2022. Although the original appointment letter mentions that the petitioner would receive pay of Rs. 57,700/- per month in Pay Level 10, Ms. Arora relies upon an Office Order of the College dated 19.01.2023, by which her pay was fixed at Rs. 1,01,100/- per month. Under the said Office Order, pay of several Assistant Professors was fixed at a higher initial level, on account of having M.Phil/Ph.D at the time of appointment. Pay of 13 Assistant Professors was fixed at Rs. 66,200/-, noting that the proposed enhancement was on account of 02/05 non-compound increments for having M.Phil/Ph.D at the time of appointment. In the petitioner’s case, however, the proposed pay was computed at Rs.1,01,100/-, with a specific remark stating “ she has joined in continuation of her tenure as Assistant Professor against a temporary post in Electronics, she will continue to draw the basic pay ”.

¶12

On 06.01.2025, a meeting of the Selection Committee-cumEvaluation Committee for promotion of Assistant Professors was held, in which the petitioner’s case was approved for grant of promotion to the post of Assistant Professor at Pay Level 11 with effect from 19.10.2022, under the University’s Career Advancement Scheme 2018. 4. The petitioner has placed on record her pay slip for the month of May 2025, which shows that her gross salary was computed on this basis at Rs. 1,82,280/-, and she was paid a sum of Rs. 1,44,718/- after deduction.

¶13

W.P.(C) 11768/2025

¶14

Page 2 of 4

¶15

This is a digitally signed order. 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 08/08/2025 at 15:34:58

¶16

The grievance of the petitioner is that, by the impugned communication dated 11.07.2025, the University has directed that her initial pay at the time of appointment as Assistant Professor in Pay Level 10 with effect from 18.10.2022 would be Rs. 57,700/-, and her pay fixed on promotion to Pay Level 11 would be Rs. 68,900/-, with effect from 19.10.2022. Ms. Arora submits that the petitioner’s pay has thus been reduced by a very substantial amount, for which no reasons have been given nor was any prior notice given to the petitioner.

¶17

The petitioner’s pay slip for the month of June 2025 has also been placed on record, in which her gross salary is computed at Rs. 1,06,020/-, and after deduction she has been paid Rs. 91,084/-. 7. Mr. Mohinder J.S. Rupal, learned counsel, has entered appearance on behalf of the University on advance notice, and submits that the University will treat the writ petition as a representation, call for the required records from the College, and pass a fresh reasoned order after giving the petitioner an opportunity of hearing.

¶18

Having regard to the very substantial reduction in the petitioner’s pay without notice to her, the writ petition is disposed of with the direction that the writ petition will be treated as a representation. The petitioner will also be heard by the University authorities, and a final speaking order be passed. Mr. Rupal states that the order will be passed within two weeks from today.

¶19

As the College has not entered appearance, it is made clear that the University will coordinate with the College for all required information and clarifications, and associate the College in this process as it considers appropriate.

¶20

W.P.(C) 11768/2025

¶21

Page 3 of 4

¶22

This is a digitally signed order. 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 08/08/2025 at 15:34:58

¶23

While passing a fresh order, the University will also give benefit due to the petitioner, if any, on account of her past service, as also on account of the fact that she holds a Ph.D degree.

¶24

If the petitioner’s pay is found to have been wrongly fixed in the impugned communication dated 11.07.2025, and any additional amount is due to her on account of arrears, the same be paid within four weeks thereafter.

¶25

All rights and contentions of the parties are left open.

¶26

PRATEEK JALAN, J

¶27

AUGUST 6, 2025 “Bhupi”/AD/

¶28

W.P.(C) 11768/2025

¶29

Page 4 of 4

¶30

This is a digitally signed order.

¶31

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 08/08/2025 at 15:34:58

Dr Nidhi Sinha v. Sri Guru Tegh Bahadur Khalsa College & Anr.

Case brief

What is this about?

What did the court decide?

Dr Nidhi Sinha v. Sri Guru Tegh Bahadur Khalsa College & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Swati Saista Vs the Government of NCT of Delhi & Anr.

Pheran Singh Yadav & Anr. Vs MCD

Demas Developers Private Limited Vs Bank of Baroda & Ors.

Lecoanet Hemant India Pvt. Ltd. (Successor / Transferee Company of Ip Support Services (India) Pvt. Vs Deputy Commissioner of Income Tax Circle 13(1), Delhi

Balaji Leather Exports Prop Rakesh Kumar Agarwal Vs Sales Tax Officer Class 2 and Anr.

Captain Harsha Mahendra Vs Alliance Air Aviation Limited & Anr.

Great River Coy Private Limited Vs Coal India Limited and Ors.

Ropas Logistics Private Limited Vs Coal India Limited & Ors.

Dr. Prakash Ranjan and Ors. Vs Govt of NCT of Delhi and Anr.

Laxman Singh & Ors. Vs the Government of NCT of Delhi through Sdm Tehsil Kapashera Delhi & Anr.

Yogendra Pratap Singh Vs Airports Authority of India and Ors.

Davinder Kaur & Anr. Vs Punjabi Academy through Its Secretary & Ors.

Kuldeep and Ors. Vs the Govt of NCT of Delhi and Ors.

Aniket Khetrapal Vs Ircon International Limited & Anr.