SUBASH CHANDRA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who was appointed against 3rd post of Lecturer in History (Management Payment) in the Rairangpur College, Rairangpur on 19.11.1983 has filed this application seeking direction to the opposite parties to pay all his outstanding arrear salary along with interest thereon @12% per annum taking into account the basic scale of pay of the said post as Rs.2000-3500/- from the date of his joining in the said College besides direction to the opposite parties to pay his incremental pay for the period he rendered service in the said college.

(2.) The factual matrix of the case in hand is that the Rairangpur College, Rairangpur was an aided college within the meaning of Section 3 (b) of the Orissa Education Act. The third post of Lecturer in History in the said college was created on 19.11.1983. The said post was eligible to receive 1/3rd grant in aid w.e.f. 19.11.1988 and 2/3rd grant in aid from 19.11.1990 on completion of five and seven years of creation of the said post respectively. Pursuant to an advertisement issued by the Service Selection Board, the petitioner having requisite qualification applied for the post of Lecturer in History and he having satisfied the eligibility criteria specified in clause-4 of the advertisement was called to attend the interview. He was selected by the Selection Board for the appointment in the said post. Thereafter, his name was recommended by the Selection Board to the Director Higher Education, Orissa in compliance with the provisions contained in sub-rule 5 (2) of Orissa Education (Recruitment and Conditions of Service of the Teachers and Members of the Staff of aided Educational Institutions) Rules, 1974. Accordingly, the petitioner was appointed against 3rd post of Lecturer in History (Management Payment) in the Rairangpur College, Rairangpur in the scale of pay of Rs.1350-2875/- with usual D.A. as admissible from time to time vide office order dated 4.5.1990, Annexure-2. Then the Governing Body of the College communicated to the petitioner vide order dated 11.5.1990, Annexure-3 that instead of paying his salary as per the scale of pay Rs.1350-2875/- admissible to the said post pursuant to the appointment letter issued by the Director vide Annexure-2, a consolidated amount of Rs.600/- was to be paid to him. Therefore, the petitioner requested the Secretary of the Governing Body to pay him salary in the scale of pay of the said post as directed by the Director. It is stated that the services of the petitioner were approved on regular basis by the Director as per the provisions contained under sub-rules (3) and (4) of Rule 5 of the aforesaid 1974 Rules in the scale of pay of Rs.1350-2975/- w.e.f. 11.5.1990 the date when he joined the post. After rendering more than one and half years of service in the said college, the petitioner was transferred to S.N. College, Rajkanika, vide order dated 28.11.1991 of the Director Higher Education Orissa enabling him to join his new place of posting. Due to revision of pay scales, the petitioners' scale of pay Rs.1350- 1975/- was revised to Rs.2000-3500/- pursuant to Revised Scale of Pay Rule 1989 given effect from 1.5.1989 which was also reflected in the service book of the petitioner.

(3.) It is stated that the petitioner having joined in Rairangpur College, Rairangpur on 11.5.1990, he was entitled to draw the salary in the scale of pay Rs.2000-3500/- instead of Rs.1350- 2975/- in terms of his order of appointment issued by the Director. But instead he has paid a consolidated salary of Rs.600/- per month in Rairangpur College and even though protested against that, the same went unheeded. Hence, this application.