SAMARENDRA NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Eleven persons working as Demonstrators in the disciplines of Chemistry, Physics and Zoology in various colleges in Orissa have come together seeking directions to the Director, Higher Education, Orissa to provide the Petitioners with the scale of pay as is admissible under the University Grants Commission (UGC) guidelines from their respective dates of entitlement.

(2.) Each of the Colleges, in which the Petitioners were working, is a fully Aided Non-Government College. It is stated that the post of Demonstrators was included in the Colleges in the year 1949 in the Junior Branch of Class-II of the Orissa Education Service (OES). It is stated that in the Education Department, the Lecturers and Demonstrators have been categorised as Class-II in one group for the purposes of pay revision.

(3.) In due course of time, the Government of Orissa introduced the post of Laboratory Assistant instead of Demonstrator in the Education Department. They were further classified as Junior Laboratory Assistant and Senior Laboratory Assistant in different scales of pay. While as per the UGC norms, a scale of pay for Demonstrators was Rs.500.00 to Rs.900.00 in the year 1974 in all States of India, even after redesignating the post of Laboratory Assistant as Demonstrator, the State of Orissa was an exception. The cadre of teachers to which the Petitioners belong remained in the scale of Rs.400.00 to Rs.620.00.