The High Court · 2025
Case Details
Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25509 of 2022 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Dr. Madan Mohan Mahala and others …. -versus- Petitioners State of Odisha and others …. Opposite Parties Advocate(s) appeared in this case:- For Petitioners : Mr. S.S. Das, Senior Advocate For Opposite Parties : Mr. T.K. Dash, A.G.A. CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 24th October 2025 B.P. Routray, J. 1. Heard Mr. S.S. Das, learned Senior Advocate for the Petitioners and Mr. T.K. Dash, learned Additional Government Advocate for State-Opposite Parties. 2. Present Petitioners, who are the teachers of different Non- Government Aided Colleges have prayed to grant revised UGC Scale of Pay and arrear dues in their favour as to their counterpart in W.P.(C) No.25509 of 2022 Page 1 of 13 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 Government Colleges in terms of Annexure-4 by quashing such condition prescribed in Annexure-5 limiting their pay to be notional with effect from 1.1.2016 to 1.10.2017. 3. Admittedly, the Petitioners are the employees of different Non- Government Aided Colleges under the Higher Education Department in receipt of UGC Scale of Pay as on 1st January 2016. Such status of the Petitioners is never disputed. 4. Government of Odisha in Higher Education Department vide Resolution No.3324 dated 11.2.2019 prescribed revision of pay scales of teachers and equivalent cadres in receipt of UGC Scales of Pay in Universities and Colleges following the revision of pay scales of Central Government employees on the recommendations of 7th Central Pay Commission. Clauses (3) & (4) of said Resolution dated 11.2.2019 reads as follows:- “3. The question of revision of pay scales for University and College teachers on the basis of recommendations of Government of India and U.G.C. was under active consideration of Government. After careful consideration, the State Government have been pleased to implement the Scheme of revision of pay scales for University and College teachers in receipt of U.G.C. scale with the following terms and conditions: W.P.(C) No.25509 of 2022 Page 2 of 13
Facts
Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 4. Coverage : The revised pay and other related service benefits shall be applicable to all the full-time teachers working in the Universities, i.e. the Utkal University, the Berhampur University, the Sambalpur University, the Fakir Mohan University, the North Odisha University, the Ravenshaw University, the Shree Jagannath Sanskrit University, the Rama Devi Women’s University, the Gangadhar Meher University, Khallikote University, Government Colleges and Non-Government Aided Colleges under Higher Education Department who were in receipt of U.G.C. scales of pay as on the 1st January 2016. This will also be extended to the full-time teachers of Biju Patnaik University of Technology, Rourkela & its constituent Colleges, V.S.S.U.T., Burla, Indira Gandhi Institute of Technology, Sarang under the administrative control of Skill Development & Technical Education Department, Odisha University of Agriculture and Technology under the administrative control of Agriculture and Farmers, Empowerment Department and the teachers of the Government Medical Colleges under the administrative control of Health & Family Welfare Department who were in receipt of U.G.C. scales of pay as on the 1st January 2016. All the related Departments will prepare separate resolutions following due procedure.” 5. In terms of aforesaid Resolution under Annexure-4, the revised pay and other related revised benefits were released in favour of all such employees working as full-time teachers in the Universities and Government Colleges. But in respect of Non-Government Aided Colleges in receipt of UGC Scales of Pay, it was prescribed in a W.P.(C) No.25509 of 2022 Page 3 of 13 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 notification issued by the Government of Odisha in Higher Education Department dated 22nd October 2019 that the pay of such employees of Non-Government Aided Colleges shall be fixed on notional basis with effect from 01.01.2016 to 01.10.2017 and the actual financial benefit shall be released w.e.f. 01.10.2017. Such treatment to the teachers of Non-Government Aided Colleges in receipt of UGC Scale of Pay, different from the teachers of Government Colleges, to pay notional benefit for 21 months is the subject matter of challenge in present writ petition.
Legal Reasoning
Therefore, as seen prima facie, to treat the employees/teachers of Non- W.P.(C) No.25509 of 2022 Page 6 of 13 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 Government Aided Colleges differently than their counterpart working in Government Colleges is impermissible on the face of Rule 9 of 1974 Rules. 11. In K.C. Venkateswarlu and others vs. Government of A.P., Education (Ce.II) Department, Hyderabad and others, 1997 SCC OnLine AP 352, it is observed as follows:- “6. The next issue to be considered is whether Clause 5 of the G.O. is in violation of principle of equal pay for equal work. Sections 42 to 46 of the A.P. Education Act, 1982 provides for grant-in-aid. Section 42 says the Government has set apart a sum for giving grant-in-aid within the limits of its economic capacity. Section 43 provides for the authorities which may sanction grant and grant shall be made subject to certain conditions to be specified by the Educational institutions. Section 84 of the Act provides that an employee in a private institution shall be paid in the prescribed manner. G.O.Ms. No. 29 dated 5-2-1987 was issued in exercise of the power conferred under Sections 20 and 21 read with Section 99 of the A.P. Education Act, 1982. These Rules are called A.P. Educational Institutions (Establishment, Recognition, Administration and Control of Institutions of Higher Education) Rules, 1987. Rule 7 provides for staff pattern. Rule 7 sub-rule (2) clause (b) provides that the appointment of teaching and non- teaching staff in the Government educational institutions shall be by way of recruitment through the A.P. Public Service Commission or as per the procedure prescribed by the Government from time to time. Rule 7 of sub-rule (2) Clause (c) provides for the appointment of non-teaching staff in Private Educational Institutions and it W.P.(C) No.25509 of 2022 Page 7 of 13 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 should be by the Selection Committee from amongst the candidates sponsored by the Employment Exchange or through News Paper advertisement. Rule 7 Sub-Rule (4) is provided for payment of salaries to staff it says the educational agency of any private institution shall pay salaries to its staff as per the Government scales of pay and by following such procedure as may be prescribed by Government form time to time, in this regard. 7. From the above it follows that the Government has to set apart depending on its economic capacity in the budget certain amounts for providing grant in aid and grant in aid will be given to Private Educational Institutions subject to fulfilment of conditions laid down by the Government and the staff of the Private Educational Institutions have to be selected by the Staff Selection Commission or by the A.P. College Service Commission in accordance with the procedure prescribed by the Government. It also provides that the salaries of the staff or private educational institutions are as per the Government scales of pay. Therefore, the petitioners who are employed in an unaided college are entitled to the Government scales of pay irrespective of the fact whether the institution is aided or unaided. Accordingly perhaps the institution was paying the scales of pay as indicated in the above paragraphs. 8. Now I will consider whether the reduction in basic pay on the admission of the institution to grant in aid would amount to violation of the doctrine of equal pay for equal work. In Haryana State Adhyapak Sangh v. State of Haryana, 1990 Supp SCC 306 : AIR 1990 SC 968, the employees of the private institution admitted to grant in aid were before the Supreme Court complaining that the State Government has not implemented the directions issued by the
Arguments
6. Mr. S.S. Das, learned Senior Advocate for the Petitioners submits that once the Government has resolved to treat all the teachers of the State in receipt of UGC Scale of Pay in Universities and Colleges irrespective of the fact of the status of their Colleges either Aided or Government, to allow them revision of pay scales in terms of the recommendation of 7th Central Pay Commission, its subsequent action by issuance of a notification to deprive them from actual financial benefits, is illegal and arbitrary as the same cannot be denied to treat such employees of the Non-Government Aided Colleges different from their counterparts in Government Colleges. W.P.(C) No.25509 of 2022 Page 4 of 13 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 7. Conversely, Mr. T.K. Dash, learned Additional Government Advocate for the State-Opposite Parties submits that since the payment of salary to the teachers and other employees of Non-Government Aided Colleges is in the shape of Grant-in-Aid, the actual financial benefits contrary to the decision taken by the Department of Higher Education in their Notification dated 22nd October 2019, cannot be demanded is a matter of right on the part of such teachers working in Non-Government Aided Colleges. Mr. Dash further submits that since the Government have shortage of funds, it was decided to not extend the actual financial benefits for such period from 01.01.2016 to 30.09.2017 in favour of those employees working in Non-Government Aided Colleges. 8. It is seen from record that after issuance of the Resolution under Annexure-4 dated 11.2.2019, two notifications dated 26th July 2019 and 6th September 2019 were issued for such teachers working in Government Universities and Colleges. The Notification dated 6th September 2019 prescribes the Rules as Odisha Revised Scales of Pay for University Teachers (UGC Scale of Pay) Rules 2019 and the Notification dated 26th July 2019 prescribes the Rules as Odisha Revised Scales of Pay (College Teachers) Rules 2019 respectively. By W.P.(C) No.25509 of 2022 Page 5 of 13 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:51:19 issuance of such notifications under Annexure-6 & 7, actual financial benefits were released in favour of those teachers working in Universities and Government Colleges in terms of the decision taken as per the Resolution dated 11.2.2019 under Annexure-4. 9. In respect of the employees working in Non-Government Aided Colleges of the State, the Notification dated 22nd October 2019 under Annexure-5 was issued wherein the actual financial benefits were withheld for them for the period from 01.01.2016 to 30.09.2017, i.e. for 21 months. So, the question arises here for determination is that, whether the Government can treat teachers working in Non- Government Aided Colleges with discrimination only to stop the financial benefits to them for those periods ? 10. Rule 9 of Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules 1974 (in short, “1974 Rules”) authorizes the employees working in an Aided Educational Institution to draw the same pay, dearness allowance and other allowances as is admissible to their counterparts in the Government Educational Institutions.