The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) (OAC) Nos.12351, 12353, 12354, 12355, 12358, 12360 & 12362 of 2020 Sudhakar Jally …. Petitioner -versus- State of Odisha & Others …. Opposite Parties CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 27.02.2023 03. 1.This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard Mr. S.K. Das, learned counsel for the Petitioners, Mr. B.K. Dash, learned counsel for the Utkal University and Mr. S.N. Pattanaik, learned Addl. Government Advocate for the State. 3. All these Writ Petitions have been filed challenging the order passed by the Utkal University on 12.03.2020, wherein the prayer of the Petitioners for their regularization and consequential extension of service and financial benefit has been rejected by the University on the ground that concurrence of the Government has not yet been obtained. 4. Mr. S.K. Das, learned counsel for the Petitioners in support of the claim of the Petitioners brought to the notice of this Court, the proceeding of the meeting held on 31.01.2002 available at
Decision
Annexure-1 to the Writ Petition. 4.1. It is contended in the said proceeding in Para-6, the following decision was taken:- // 2 // “(I) Out of 419 vacant posts in different Universities, 277 posts are to be abolished immediately and the balance 142 posts are to be filled up in a phased manner starting from the current year, 2002-03. This excludes two posts recently forwarded to Finance Department for concurrence. The details break up of the vacant posts, post to be filled up or abolished are as under:- Grades Vacancy position Posts to be abolished Posts to be filled up in a a phased manner Professor 98 Reader 98 Lecturer 223 Total 419 58 77 142 277 40 21 81 142 (excluding posts proposed for creation b by F.D) The University-wise position is indicated in the statement enclosed. (II) Out of posts decided to be filled up, 1/3rd of the posts would be filled up during the current financial year, 2002-03 after abolition orders are issued. The subjects and grades in which the posts have to be filled up would be decided by the Administrative Department in consultation with concerned Universities. For filing up of the posts during the current financial year, further clearance of Finance Department is not necessary. (III) Regarding filling up of 2/3rd balance vacant posts, the position would be reviewed from time to time and after review, Page 2 of 7 // 3 // number of posts to be filled up would be decided by the Administrative Department with the concurrence of Finance Department during 2003-04 and 2004-05. (IV) The fresh recruitment of Lecturers, Readers and Professors shall be made on a consolidated salary basis and not on the regular scales of pay. However, if any of the existing Lecturers or Readers is selected to the post Readers or Professor, as the case may be they may be appointed in the regular scales of pay as they are already eligible for pension. In no case, fresh recruitment to the post of Lecturer shall be made in the regular scales of pay. The consolidated salary for the posts of Lecturers, Reader and Professor would be as under. Designation of the Posts Consolidated Salary Lecturer Reader Professor Not exceeding Rs.10,000/-P.M. Not exceeding Rs.15,000/-P.M. Not exceeding Rs.20,000/-P.M. (V) More and more self financing schemes should be opened by the Universities so that funds so received would sustain the salary cost for the teaching and non-teaching staff. (VI) The funds raised from the self financing sources shall be taken into account at the time of deciding the block grant for the Universities. (VII) The future vacancies in the posts of Lecturers, Readers, Professors and also non-teaching post shall not be filled up without Page 3 of 7 // 4 // specific clearance from Finance Department. This would be done only after through verification of the valid sanctioned strength of different categories of teaching and non-teaching posts”. 4.2. Learned counsel for the Petitioners contended that in terms of the decision taken in the proceeding of the meeting under Annexure-1, as against the 142 posts to be filled up after abolition of 277 posts staring from the year 2002-03, 1/3rd post was required to be filled up during the financial year 2002-03 and for that purpose no concurrence of the Finance Department is required. 4.3. Learned counsel for the Petitioners contended that in terms of the said decision taken in the proceeding under Annexure-1, notification was issued by the Utkal University to fill up 1/3rd posts in question under Annexure-3 on 10.07.2003 and the Petitioners after facing due selection process were all engaged in their respective posts. But because of the austerity measure prevailing at that point of time and in terms of the decision taken in the proceeding under Annexure-5, the Petitioners instead of being appointed on regular basis were engaged with payment of consolidated salary. However, pursuant to the decision taken by the Syndicate of the University in its subsequent proceeding, all the Petitioners were allowed to draw regular scale of pay from their initial date of joining vide order dated 26.09.2008 under Annexure- 7. 4.4. It is contended that vide orders issued by the University in the year 2009, 2016 and 2017 though the Petitioners were allowed the benefit of higher scale of pay as due and admissible, but the services of the Petitioners when were not regularized with due extension of all service and financial benefits, the Petitioners who are all similarly situated approached the University with a request Page 4 of 7 // 5 // for confirmation of their services and extension of benefits as allowed to regular faculties as per Rules. However, when the grievances of the Petitioners were not attended to all of them approached this Court in different writ petitions challenging the inaction of the Opp. Parties in extending the benefits. This Court when directed the authorities of Utkal University to take a decision on the Petitioners’ claim, the same was rejected vide order dated 12.03.2020, which is impugned in all these Writ Petitions. 4.5. Learned counsel for the Petitioners contended that since in view of the decision taken in the proceeding of the meeting Annexure-1, the Petitioners were selected and appointed as against the 1/3rd post, which are required to be filled up during the financial year 2002-03, no concurrence of the Finance Department is required for regularization of their services with extension of all service and financial benefits. Accordingly, it is contended that without following the decision as taken under Annexure-1 and the consequential decision taken by the Government under Annexure-2, the prayer of the petitioners was illegally rejected by the University vide its order dated 12.03.2020. Accordingly, it is contended that the impugned order is not sustainable in the eye of law. 5. Mr. B.K. Dash, learned counsel appearing for the Utkal University on the other hand made his submission basing on the stand taken in the counter affidavit filed in W.P.(C) No.12360 of 2020. It is contended that the University adopts the stand taken by the University in respect of all connected writ petitions. 5.1. Mr. B.K. Dash, learned counsel for the University contended that even though the University seeking concurrence of the Government for extension of the benefit in favour of the Petitioners has moved the Government since 14.05.2020 vide Annexure-A/2 Page 5 of 7 // 6 // Series, but in absence of any concurrence by the Government, the University is not in a position to issue formal order of regularization in favour of the Petitioners with extension of benefits as is enjoyed by regular faculties. But, however, it is fairly contended by Mr. Dash, that the Petitioners were all appointed as against the 1/3rd posts meant to be filled up for the year 2002-03 in terms of the decision taken in Para-6(ii) of the proceeding under Annexure-1. 6. Mr. S.N. Pattnaik, learned Addl. Government Advocate for the State on the other hand made his submission basing on the stand taken in the counter affidavit filed in W.P.(C) No.12351 of 2020. 6.1. It is contended that if the counsel for the University is accepting the contention of the learned counsel for the Petitioners that the Petitioners were appointed as against the 1/3rd posts required to be filled up during the year 2002-03 in terms of the decision taken in Para-6(ii) of the proceeding under Annexure-1, no further concurrence of the Finance Department is required and the University without moving the Government is competent to pass necessary order in extending the benefits as claimed by the Petitioners. 7. Having heard learned counsel for the Parties and taking into account the materials available on record and the submissions made by the learned counsel appearing for the University, it is not disputed that the Petitioners were appointed as against 1/3rd post meant to be filled up during the financial year 2002-03. Therefore, it is the view of this Court that, since the Petitioners were appointed as against the 1/3rd post, which are required to be filled up during the financial year 2002-03, no further concurrence of the Finance Department is required to extend the benefit of regularization and other service and financial benefits in favour of the Petitioners. The Page 6 of 7 // 7 // University while rejecting the claim of the Petitioners vide the impugned order has not taken into consideration the fact that the Petitioners were all appointed as against the 1/3rd posts filled up for the year 2002-03. 7.1. This Court taking into account the decision taken in the proceeding under Annexure-1 and the submissions made by the learned counsel appearing for the University, is inclined to interfere with the impugned order dated 12.03.2020. While quashing the order dated 12.03.2020 so passed by the University in all the Writ Petitions directs the authority of Utkal University to pass necessary order of regularization in favour of the Petitioners within a period of six weeks from the date of receipt of this order. After passing such order of regularization, the prayer of the Petitioners to extend consequential service and financial benefits as has been extended to regular faculties, shall also be taken into consideration by the authority of the Utkal University. Such further decision shall be taken by the University within a further period of six weeks. 8. All these Writ Petitions stands disposed of with the aforesaid observations and directions. 9. Photocopy of the order be kept in the connected records. Subrat (Biraja Prasanna Satapathy) Judge Page 7 of 7