The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 9167 of 2025 Dr. Harapriya Samantaraya …. Petitioner Mr. S.P. Pani, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. G. Tripathy, AGA
Legal Reasoning
CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No.
Decision
ORDER 21.04.2025 01. 1. Heard learned counsel for the parties. 2. By means of this writ petition, the Petitioner has prayed for the following reliefs : “(i) Admit this writ petition; (ii) Issued notice to the 0pp. Parties , call for the relevant records ; Issue (iii) appropriate Writ/Writs, direction/ directions, Order/Orders directing the Opp. Parties to fix the scale of pay of the petitioner in Pay Band- 4(Rs. 37400-67000 plus with an Academic Grade Pay (AGP) of Rs. 9000/-as per Ciause-4.3.0 read with Appendix-Ill, Table-I! (c) of the University Grants Commission Regulation on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measure for the maintenance of Standards in Higher Education, 2010 (herein referred to as UGC Regulation 2010) and its subsequent amendments of2013 and 2016, read with clause-(i) of Sub-Rule- 7(1) of Orissa Revised Scales of Pay for University Teachers (UGC Scale of Pay) Rules, 2010 (herein referred to as Orissa Rules, 2010), presently at Academic LeveI-13A (7th pay) as per ORSPUT Rules, 2019 from the date of his joining at Sambalpur University. And further be pleased to direct the Opp. parties to grant her all consequential and service benefits including arrears within one month along with 7% per annum interest to be calculated from the date of joining so as to maintain inter seniority. And may pass any such other order(s) which the Hon'ble Court deems fit and proper in the interest of justice.” 3. It is contended by the learned counsel for the Petitioner that the Petitioner was a faculty of Home Science in Women’s College, Padampur, Bargarh prior to her joining at Indira Gandhi Women’s College, Cuttack. She thereafter joined as Reader in Home Science in Berhampur University. Her total period of service in women colleges was from 15.05.1991 till 29.01.2016 about 24 years as a Lecturer in full aided non-government college. The Petitioner was relieved from the Principal-cum- Secretary Governing Body vide letter No.72(A) 116 dated 29.01.2016 of Indira Gandhi Women’s College, Cuttack to join Berhampur University. Accordingly, she joined in the department of Home Science in the Berhampur University in the scale of pay of Rs.15,600-39,100/- with academic grade pay of Rs.8,000/- Page 2 of 5 with usual allowances as admissible from time to time from the date she joined the post. 4. It is the claim of the Petitioner that she addressed a letter on 01.09.2017 to the Registrar, Berhampur University regarding re-designation and opening of GPF and GIS in her favour under Annexure-3. On 22.06.2021 vide letter No.3987/Admn.I (TE), Opposite Party No.3 issued office order pursuant to the UGC Regulation, 2016, other government circulars and regulation and the letter of the approval of the Hon’ble Chancellor vide letter No.GOV-HE-UIH-0014-2020/5767/SG/(HE) dated 02.06.2021 of the Additional Secretary to the Chancellor, Raj Bhavan, Odisha, the present Petitioner and other Readers were re- designated as Associate Professor under CAS in the scale of pay of Rs.37,400/- Rs.67,000/- with AGP Rs.9,000/- (pre-revised) with effect from 30.01.2021. According to the Petitioner she had successfully guided more number of Ph.D. scholars and fulfills the qualification for the post of Professor after three years of service i.e. 24.11.2019 at Berhampur University as per career promotion mentioned in UGC norms. The Petitioner re- designated as Associate Professor in P.G. Department of Home Science, Berhampur University with effect from 30.01.2021. Consequent upon her promotion, who was working as Reader, P.G. Department of Home Science to the post of Associate Professor under Career Advancement Scheme in the same department in the scale of pay of Rs.37,400/- 67,000/- + AGP Rs.9,000/- (pre-revised), the Vice-Chancellor pleased to accord Page 3 of 5 approval under Statute 6.1(d) of OUFS 1990. The pay of the Petitioner as Associate Professor, P.G. Department of Home Science was fixed at 1,31,400/- ILevel-13A, Cell-1) with effect from 30.01.2021 with subsequent annual increments from 01.01.2022. It is the contention of the Petitioner that by virtue of the power vested under Section 21(3) of the Orissa Universities Act, 1989 and on recommendation of the Odisha Public Service Commission vide letter No.10977/HE dated 14.03.02022 of Higher Education Department, Odisha, the Vice-Chancellor pleased to appoint the Petitioner as Professor in Home Science, Sambalpur University in Academic Level 14, Cell-01 of the “Pay Matrix” as specified in the First Schedule of the Odisha Revised Scales of Pay for University Teachers (UGC Scale of Pay) Rules, 2019 with usual allowances as admissible from time to time. The Petitioner was relieved from her duties from Berhampur University with effect from 07.04.2022 to enable her to join as Professor of Home Science in the Post Graduate Department of Home Science, Sambalpur University. Finally, the Petitioner retired from her service on 30.06.2023 and the Petitioner approached the Berhampur University i.e. Opposite Party No.3 for fixation of her pay in the scale of Reader at 37,400/- with AGP of Rs.9,000/- from the date of joining i.e. 30.01.2016. 5. As contended in connection with the aforesaid claim of the Petitioner she has also made a representation before the said authority, i.e. Opposite Party No.1 the Principal Secretary to Government, Department of Higher Education, Government of Page 4 of 5 Odisha under Annexure-11 for consideration of her aforesaid claim. 6. Mr. Tripathy, learned counsel for the State, on the other hand, found to have not seriously objected to the disposal of the representation in the above consideration and accordingly, the Opposite Party No.1 is directed to consider the representation of the Petitioner in the above context as discussed within a period of three months and communicate the result thereof within a period of two weeks thereafter. 7. The writ petition is disposed of accordingly. Judge (Chittaranjan Dash) KC Bisoi Signature Not Verified Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Reason: Authentication Location: orissa high court Date: 22-Apr-2025 16:00:30 Page 5 of 5