JAYANTA KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is aggrieved by the inaction the opp. parties in not fixing his pay in the UGC scale at Rs. 2,200 4.000/ and instead allowing him to continue in the scale of Rs. 2,000 3,500/ fixed by the Government.

(2.) THE brief fact of the petitioner's case without unnecessary details is that the petitioner pursuant to the order of appointment dated 8.9.1983 under Annexure 2 joined as a lecturer in Sanskrit (3rd post) in Dinakrushna College, Jaleswar (opp. party No. 3). The 3rd post of lecturer in Sanskrit in opp. party No. 3 College was a post approved by the Director. His appointment was terminated and he was relieved from the College by order dated 2.10.1986 by the Principal (Annexure 3) pursuant to the joining of a Selection Board candidate against the said third post held by the petitioner. However, according to the petitioner he still continued as a lecturer from 9.9.1983 being appointed by the management on 89 days's basis from time to time. The petitioner has annexed the letter dated 22.11.1986 of the Principal appointing him provisionally as a lecturer from 24.11.1986 to 20.2.1987 purely on temporary basis terminable at any time without prior notice (Annexure 4). The said appointment was extended for successive periods of 80 days till the joining of the Selection Board candidate from the Government and subject to an undertaking that he will not serve under any other institution during the tenure of his service in the institution by letter dated 3.3.1987 (Annexure 5). In office order dated 19.8.1987, however, the petitioner was appointed for a period of 89 days from 1.9.1987 to 29.8.1987 on consolidated pay of Rs. 400/ per month subject to arrival of Selection Board candidate whichever is earlier on temporary basis.

(3.) THE Director in office order dated 6.12.1989 (Annexure 9) adjusted the petitioner against the second post (direct payment) in B. B. College, Rairakhol in the scale of pay of Rs. 1,350 2,975/ and the appointment/ adjustment was approved from the date of joining by order dated 1.1.1990 (Annexure 10) with effect from 12.12.1989, i.e. the date of joining. When the matter stood thus, the petitioner's appointment got validated under Rule 3(b)(e) of Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1989 read with the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Amendment Act, 1989 with effect from 9.9.1983 (Annexure 11). The scale of pay of the petitioner was fixed at Rs. 2,000 3,500/ taking into consideration the pre revised scale of pay of Rs. 1,350 2,975/ and the fact that the appointment was with effect from 12.12.1989, but according to the petitioner, since his appointment has been validated with effect from 9.9.1983 at Dinakrushna College in the scale of pay of Rs. 525 1,150/ he was entitled to get regular service benefit as given to the similarly situated lecturer and ought to have been fixed in the scale of pay or Rs. 2,200 4,000/ . The petitioner alleged that he made representation vide Annexures 12 and 13, but yielded no result. The opp. parties 1 and 2 have filed their return denying and refuting the claim made by the petitioner. According to the counter, the 3rd post of lecturer in Sanskrit under opp. party No. 3 College was created by the Government in G. O. No. 13547 EYS dated 15.1.1980, but the said post was converted to direct payment with effect from 30.9.1980 by a subsequent G.O. No. 420387 EYS dated 30.9.1980 only to accommodate the lecturer retrenched from Government Colleges. The adjustment was personal to the retrenched incumbent and they were eligible for direct payment scheme so long they continue in the College. According to the opp. parties this position was clarified by subsequent G.O. No. 11961/ EYS dated 30.3.1982, a copy of which is filed as Annexure A/2. The petitioner was appointed by opp. party No. 3 as a lecturer in Sanskrit against 3rd post which is a management post on ad hoc basis without prior approval of the Director and joined on 9.9.1983. He was relieved from his duties on 2.10.1986 on joining of the duly appointed Selection Board candidate. With regard to the claim of the petitioner that he was continuing on ad hoc basis has been denied. The specific stand of the opp. parties 1 and 2 is that consequent upon the adjustment of State Selection Board candidate against 2nd post of lecturer in Sanskrit in Dinakrushna College, 3rd post was vacant and, therefore, opp. party No. 3 was requested by opp. party No. 2 to issue appointment order in favour of the petitioner against third post (Management post) as a fresh entrant for a period of six months on ad hoc basis, as would be evident from Annexure 7. The petitioner joined on 21.3.1989. He was adjusted in opp. party No. 4's College against second post (direct payment post) in the scale of Rs. 1,300 2,975/ on ad hoc basis in terms of Annexure 9. in which the petitioner joined on 12.12.1989. The petitioner received full grant in aid with effect from 12.12.1989 in terms of Annexure 10 in opp. party No 4's College. It is averred that the petitioner's services were validated on regular basis with effect from the date of his initial joining i.e., 9.9.1983 under the Orissa Aided Educational Institution (Appointment of Teachers Validation) Act, 1989 (Annexure 11). Since he joined on ad hoc basis prior to 31.12.1983 and had completed one year of service to his credit by 31,12.1985. The petitioner was not getting the grant in aid component in the opp. party No. 3 College as he was holding the management post. With regard to the fixation of scale of pay it is stated that it has been fixed at the initial at Rs. 2,000/ according to the grant in aid principle. The scale of pay of lecturer from time to time being from 1.1.1974 Rs. 525 1,150/ , from 1.1.1981 Rs. 525 1,300/ , from 1.1.1985 Rs. 1,350 2,975/ and from 1.5.1989 Rs 2000 3,500/ .