CHITTARANJAN MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) An advertisement was issued on 18/7/2009 by Biju Patnaik University of Technology (BPUT), Odisha Rourkela for filling up of the posts of Lecturers in different disciplines of Parala Maharaja Engineering College, Berhampur. All the three petitioners applied pursuant to such advertisement against posts of different disciplines. All three were selected and recommended by the Board of Management of BPUT for appointment. Accordingly, offer of appointments were issued to them on 25/9/2010. Petitioner No.1 joined as Lecturer in Mathematics on 1/9/2010, Petitioner No.2 joined as Lecturer in Economics on 11/10/2010 and petitioner No.3 joined as Lecturer in Physics on 4/10/2010. The posts of Lecturers was subsequently re-designated as Asst. Professor as per Resolution of erstwhile Department of Employment and Technical Education and Training on 25/10/2013. All the three petitioners had Ph.D. qualification at the time of their appointment. As such, they claim to be entitled to five non-compounded advance increments at the entry level. Such claim is on the basis of the All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications for the Teachers and Other Academic Staff in Technical Institutions (Degree) Regulations, 2010 (in short 'AICTE Regulations, 2010), which came into force from 22/1/2010. According to the petitioners, the AICTE Regulations, 2010 is applicable to the Parala Maharaja Engineering College, Berhampur, which was a constituent college under BPUT at the relevant time. Further, the Government in Employment and Technical Education and Training Department in its letter dtd. 24/7/2012 addressed to the Vice Chancellor of BPUT, Odisha Rourkela, VSS University of Technology, Burla and the Director, IGIT, Sarang communicated the decision taken by the Department under the Chairmanship of Chief Secretary, Odisha on 12/6/2012 to grant five additional increments at the entry level of Lecturers having Ph.D Degree in order to attract quality persons to take up teaching jobs in BPUT and other Government Engineering Colleges in the State. As such, proposals were sought for appropriate action at the level of the Government. However, the petitioners were not granted the benefit of five advance increments even though the institutions under the control of the Department of Higher Education had extended three advance increments to Lecturers/ Asst. Professors, who were recruited with Ph.D qualification at the entry level. The petitioners submitted several representations through proper channel to the Registrar, BPUT on 20/2/2013 followed by several reminders but no action was taken in this regard. Being aggrieved by such inaction, the petitioners approached this Court in W.P.(C) No. 18294 of 2016, which was disposed of by order dtd. 24/10/2016 directing the Registrar, BPUT to consider and dispose of the representations within three months. Since the order was not implemented, the petitioners filed contempt application bearing CONTC No. 614 of 2017, which was disposed of on 18/5/2017 directing the Principal Secretary, Finance Department to comply with the order within a further period of three months. Upon receipt of such order, the Registrar, BPUT forwarded the matter to the Government for consideration at their end. The petitioners again filed CONTC No. 353 of 2019, which was not entertained having been filed beyond one year. Being aggrieved by such inaction of the authorities, the petitioners approached this Court seeking the following relief:

(2.) The case of the petitioners is supported by University Grants Commission (UGC) (opposite party No.3). In its counter it is stated that as all the petitioners have been awarded Ph.D degrees in the year 2008 and joined as Lecturers in 2010 and that they are entitled to five non-compounded advance increments as per AICTE Regulations, 2010. Reference is also made to the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (in short UGC Regulation, 2010). Clause 1.1.1 thereof, inter alia, states that for teachers in the faculties of Engineering and Technology, the norms/Regulations formulated in consultation with AICTE shall apply.

(3.) The AICTE (opposite party No.4) in its counter has fully supported the claim of the petitioners by referring to the AICTE Regulations, 2010.