STATE OF ORISSA Vs. JOGINDER PATJOSHI

JUDGEMENT

(1.) Interpretation of Rule 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985 (for short 'the Rules'), purported to have been framed under Article 309 of the Constitution of India, falls for consideration in these appeals which arises out of the judgment and order dated 19th November, 1996. The respondents herein were holding the post of Lecturers and Professors in the University. The interpretation of the Rules arose in the context of a writ petition filed by the Lecturers and Professors of the Berhampur University Teachers' Association in the High Court of Orissa. The pay scales of the Lecturers and Professors was Rs. 700-1600 and Rs.1500-2500 respectively. By the aforesaid Rules, which came into force on 1st January, 1986, the scales of pay of the Lecturers and Professors were sought to be revised. The revised pay scales of the Lecturers and Professors was fixed at Rs.2200-4000 and 4500-7300 respectively. On the relevant date i.e. immediately prior to 1st January, 1986, the Professors were getting Rs. 2927/- under the Rules.

(2.) The respondents filed a writ petition before the Orissa High Court, claiming therein that in addition to the minimum of Rs. 4500-7300, one further increment is also to be given as required under Rule 8(1)(b).

(3.) At the time when the aforesaid writ petition was filed, a Division Bench of the High Court of Orissa in O.J.C. No. 2588 of 1991 took a view that while fixing the emoluments of the Teachers of the University under the UGC scales, an additional increment is to be given at the initial stage. However, another Division Bench in O.J.C. No. 6405 of 1992 was of the view that no such increment is to be given at the initial stage of fixation in the revised pay scales under the Rules. In view of the conflicting decisions of two coordinate Benches of the High Court, the writ petition filed by the Berhampur University Teachers' Association was referred for decision to a larger Bench.