The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11572 of 2018 Sasmita Mohanty 1) State Of Odisha,hiugher Education Department 2) Director, Higher Education 3) Governing Body, Sri Sathya Sai College Of Women ..... Petitioner Dr. P. Chuli, Advocate -versus- ..... Opposite Parties
Legal Reasoning
Mr. B.P. Tripathy, AGA THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM:
Decision
ORDER 16.04.2024 Order No. 12 1. This matter is taken up through hybrid mode. 2. Heard Dr. P. Chuli, learned counsel for the Petitioner and Mr. B.P. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia challenging order dtd.15.05.2018 so passed by Govt.-Opp. Party No. 1 under Annexure-6. Vide the said order claim of the Petitioner to get the benefit of UGC scale of pay was rejected only on the ground that the Petitioner since was brought under the fold of Grant-in-aid w.e.f.13.11.1990, in view of the decision in the case of State of Odisha & Anr. Vs. Aswini Kumar Dash & Ors., (1998) 3 SCC 613, she is not eligible to get the benefit of UGC scale of pay. 4. It is the case of the Petitioner that Petitioner was appointed as against the post of Lecturer in Political Science vide order of Page 1 of 4. appointment issued on 22.01.1987 by the Governing Body, Panchayat Prahallad College, Nishintakoili in the district of Cuttack. 4.1. It is contended that the services of the Petitioner was approved vide officer order dtd.12.01.1993 under Annexure-2 by holding the Petitioner entitled to get the benefit of 1/3rd grant w.e.f.30.11.1990. However, it is contended that as per the decision in the case of Ashwini Kumar Dash as cited (supra), the consideration to be made is with regard to whether prior to the cut-off date the College in question had got the affiliation or not and not the consideration whether Petitioner got the Grant-in-aid after the cut-off date. The view expressed by the Hon’ble Apex Court in the case of Aswini Kumar Dash in Para 13 of the Judgment is reproduced hereunder:- “13. In the present case the State Government has decided to provide grants-in-aid to cover the revised UGC scales of pay for those teachers in existing colleges which have received Government concurrence and university affiliation on or before 1-4-1989. The date has a direct nexus with the date of the decision to provide for such higher pay scales in the grant-in-aid to be given to the colleges concerned. The date which is so fixed cannot be considered as arbitrary or unreasonable. Colleges which have secured Government concurrence or affiliation from the university after 1-4-1989, therefore, cannot claim any right to the higher grant-in-aid contrary to the policy as laid down by the State. The High Court was, therefore, not right in coming to the conclusion that the Note to para 2(1) of the government resolution of 6-11- 1990, was arbitrary and unreasonable.” 4.2. Placing reliance on the aforesaid decision, Dr. Chuli contended that vide notification issued by the Utkal University on 03.07.1984 under Annexure-1, the College got the affiliation in respect of the Degree wing w.e.f. the academic session 1984-85. Since Petitioner was appointed as against the post of Lecturer in Political Science, vide order of appointment issued on 22.01.1987, Petitioner in view Page 2 of 4. of the decision in the case of Aswini Kumar Dash, is eligible and entitled to get the benefit of UGC scale. But by holding that the Petitioner since has got the benefit of Grant-in-aid after 01.04.1989, claim of the Petitioner was rejected vide the impugned order, which is not the view of the Hon’ble Apex Court in the case of Aswini Kumar Dash. It is accordingly contended that the impugned order is not sustainable in the eye of law and it requires no interference. 5. Mr. B.P. Tripathy, learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit. It is contended that services of the Petitioner as against the post of Lecturer in Political Science was approved w.e.f.30.11.1990 vide order dtd.12.01.1993 so issued by Opp. Party No. 2 under Annexure-2. Petitioner having been extended with the benefit of Grant-in-aid after 01.04.1989, in view of the decision in the case of Aswini Kumar Dash, he is not eligible to get the said benefit, which has been rightly rejected by the Govt.-Opp. Party No. 1 vide the impugned order under Annexure-6. 6. Having heard learned counsel appearing for the Parties and after going through the materials available on record, this Court finds that Panchayat Prahallad College, Nishintakoili in the district of Cuttack got the affiliation to impart degree course (B.A.) w.e.f. the academic session 1984-85 vide notification issued by the Utkal University on 03.07.1984 under Annexure-1. As further found from the record, Petitioner was appointed as against the post of Lecturer in Political Science vide order of appointment issued on 22.01.1987. By the time Petitioner was so appointed, the College in question had already got the affiliation to impart degree course (B.A.) w.e.f. the academic session 1984-85. Page 3 of 4. 6.1. In the case of Aswini Kumar Dash, Hon’ble Apex Court has held that if the College has got Govt. concurrence or University affiliation after 01.04.1989, then a Lecturer is not entitled to get the benefit of UGC scale of pay. Since in the present case College got the affiliation from the Utkal University w.e.f. the academic session 1984-85, which is admittedly prior to the cut-off date 01.04.1989, as per the considered view of this Court, the rejection of the Petitioner’s claim on the ground indicated in the impugned order dtd.15.05.2018 under Annexure-6 is not sustainable in the eye of law. 6.2. Therefore, this Court is inclined to quash the order dtd.15.05.2018 so passed by the by Govt.-Opp. Party No. 1 under Annexure-6 and while quashing the same, this Court held the Petitioner entitled to get the benefit of UGC scale of pay. Accordingly, this Court while disposing the writ petition, directs Opp. Party Nos. 1 & 2 to extend the benefit of UGC scale of pay in favour of the Petitioner from the date he is so entitled and sanction all the financial benefits as due and admissible within a period of three (3) months from the date of receipt of this order. 7. The writ petition is disposed of accordingly. (BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Apr-2024 10:46:09 Page 4 of 4.