BASANTA KUMAR Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The facts in both the writ petitions being inter-related, they are taken up for disposal by this common judgment.

(2.) Whether the post of Placement Officer in Reader's Grade in the P.G. Department of Business Administration under Utkal University is a teaching post or a non-teaching post, is the sole question that arises for consideration in W.P.(C) No. 8570 of 2003. Legality of the order vide Annexure-10 in W.P.(C) No.17065 of 2011 relieving the petitioner from P.G. Department of Business Administration on 10.6.2011 and directing him to join in non-teaching post at P.G. Central Office, Utkal University is the subject matter of the aforesaid writ petition, i.e. W.P.(C) No.17065 of 2011.

(3.) The petitioner's case is that he joined as Placement Officer in the P.G. Department of Business Administration, Utkal University on 15.07.1996 vide order in Annexure-1. On successful completion of two years probation, petitioner's service was confirmed on 3.6.1999 vide Annexure-3. Annexures- 1 and 3 show that the petitioner was appointed as Placement Officer in the P.G. Department of Business Administration by the decision of the Syndicate dated 25.05.1996 and his service in the said post was also confirmed by the decision of the Syndicate. Vide letter of the University Grants Commission, New Delhi dated 13.3.1987 under Anexure-4, P.G. course in Business Administration was introduced in the Utkal University with 15 (fifteen) teaching posts and other non- teaching posts. Vide Annxure-5, the Government of Orissa in Education and Youth Services Department (presently re-designated as "Higher Education Department") created 15 (fifteen) posts including post of Placement Officer. Besides the aforesaid posts, one post of Driver was also created. The Governor approved creation of the aforesaid posts, vide Annexure-6. Vide notification under Annexure-10, advertisement was issued for appointment of Reader / Placement Officer prescribing selfsame qualification for Reader and Placement Officer. The petitioner was selected through the process of selection and joined in the post of Placement Officer. The petitioner continued to receive salary from the allotment of the Government meant for teaching staff. In due course, in different pay revisions, pay attached to the post of Placement Officer has been equated with that of a Reader. Petitioner's seniority in the cadre of teaching staff comes after Dr. B.K. Mangaraj, Reader (a non-party), who was Head of the Department of Business Administration for the session 2001-2003 (ending 31st May, 2003). The University Authorities have appointed Dr. Bidhu Bhusan Mishra (O.P.3) as the Head of the Department of Business Administration vide Annexure-14. It is alleged that opposite party no.3, who has become a Reader on Career Advancement Scheme (CAS) cannot claim seniority inter se over the petitioner, who is a direct recruit in the cadre of Reader. Being aggrieved by such action, the petitioner vide Annexure-16 represented before the Registrar, Utkal University (O.P.2) for his appointment as Head of the Department in the P.G. Department of Business Administration. The petitioner for redressal of his grievance had also made representation before the Chancellor, Utkal University (O.P.4) vide Annexures-18 and 19, but the same have not yet been forwarded to the Chancellor (O.P.4) by opposite parties 1 and 2. While the matter stood thus, the Registrar (O.P.2) on being directed by the Vice Chancellor (O.P.1) had issued Anexure-20 stating therein that the post of Placement Officer in P.G. Department of Business Administration, Utkal University is not a teaching post as per the statute and, therefore, the petitioner is not entitled to any assignment relating to teaching activity in the said department. Further, the petitioner's pay as per the revised U.G.C. scale of pay along with increments has been withdrawn, directing further for recovery of the excess amount, in due course drawn by him.