SUBRAT PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the Petitioners seek to challenge the legality and correctness of the order dtd. 26/6/2018 passed by the Director of Higher Education, Odisha in rejecting their claim for grant of higher scale with effect from their dates of joining. The petitioners have specifically claimed the following relief:

(2.) The facts of the case lie in a narrow compass though the parties have put forth extensive pleadings, all of which need not be referred to in detail. It would suffice for the purpose of determining the controversy involved by noting only the relevant facts, most of which are, in any case, not in dispute.

(3.) The petitioner No.1 joined as Lecturer in Physics in Kishorenagar College, an Aided Educational Institution within the meaning of Sec. 3 of Odisha Education Act with effect from 8/9/1989 against the first post which became admissible from 1/6/1989. Petitioner No.2 joined as Lecturer in Chemistry also against the first post in the same college. Both of them came under the grant-in-aid fold with effect from 1/6/1995, though according to them, it should have been from 1/6/1994. The College was accorded temporary concurrence by the Government to open +2 Science stream from 1/6/1989. After formulation of the Grant-in-aid Order, 1994, the petitioners received grant-in-aid at the rate of 1/3rd of the admissible salary cost with effect from 1/6/95, at the rate of 2/3rd with effect from 1/6/97 and full salary cost with effect from 1/6/1999 after completion of five, seven, nine years respectively. It is the claim of petitioner No.1 that he should be placed as Senior Lecturer with effect from 8/9/1997 and as Reader with effect from 8/9/2005. The claim of the petitioner No.2 is that he should be placed as Senior Lecturer with effect from 1/9/1997 and as Reader from 1/9/2002. Such claim is on the premise that they should be granted the benefits as claimed after completion of eight years as Lecturer and 10 years as Reader calculated from the dates of joining that is 1/6/1989. Since the claim as above was not considered by the authorities, the Petitioners approached this court by filing a Writ Petitioner being W.P (C) No. 20594 of 2017. By order dtd. 7/12/2017 a single judge of this court disposed of the writ application granting liberty to the Petitioners to file fresh representation before the Director, Higher Education, Odisha, who was directed to take a decision in accordance with law. Pursuant to such direction, the petitioners filed a detailed representation before the Director and were also heard in person. By order dtd. 26/6/2018, the Director rejected the claim of the petitioners on the ground that they had been placed as Senior Lecturer with effect from 1/6/2007 taking into account receipt of full GIA with effect from 1/6/1995 as per Rule 4(b) of Odisha Non-Government Aided College Lecturers (Placement) Rules, 2014 (for short '2014 Rules'). It is further stated that the Petitioners had been granted placement taking into consideration their approved dates of joining. The petitioners claim that the 2014 Rules are not applicable to them and that the rules governing the field at the relevant time that is, Odisha Education Service (Recruitment) Rules, 1990 should have been applied. It is further stated that the 2014 Rules cannot have any retrospective effect.