DR. SANATAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner seeks for a direction to the State of Orissa represented by the Secretary, Higher Education and Director, Higher Education (opposite parties 1 and 2) to grant him senior scale of pay and selection grade of pay of lecturer with effect from 1-1-1986 and 11-10-1987 respectively.

(2.) The case of the petitioner is that he joined as a lecturer in Oriya in D. A. V. College, Titilagarh, an aided education institution on 11-10-1971. Later he was transferred to K.B.D.A.V. College, Nirakarpur where he served till 31-7-1986. He was subsequently transferred to U. N. College, Soro and to Rairangpur college and is continuing as such in that college. As per the U. G. C. guidelines, the case of every lecturer for senior scale and selection grade/reader scale is to be considered if he/she has completed 8 years of service after regular appointment and he/she has consistently satisfactory performance appraisal reports. He claims that he has unblemished service record, inasmuch as, nothing adverse against him was ever communicated. Although he is entitled to senior scale and selection grade scale of pay, he was not given that benefit, but lecturers junior to him have been favoured with the same.

(3.) The opposite parties 1 and 2 have filed counter affidavit. Their case is that para 13 of the U. G. C. Guidelines issued in Government Order No. F-1-21/87 SI dated 22-7-1983 deals with grant of senior scale, selection grade/reader scale of pay to the lecturers. It provides that "every lecturer would be placed in senior scale of Rs. 3,000/- to Rs. 5,000/- and in the selection grade/reader scale of Rs. 3,700/- to Rs. 5,700/- if he/she has :