ASHOK KUMAR MAHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners in the present writ application, by questioning the correctness of order dtd. 7/6/2019 passed by the Commissioner-cum-Secretary to Government in the Department of Higher Education, Odisha seek quashment of the same. All the four petitioners were appointed as Lecturers in different disciplines by the Governing Bodies of different non-aided institutions. Their appointments were duly approved by the State Government and accordingly they were paid their salary components with effect from their date of appointments. They were also placed in the common gradation list prepared by the Director, Higher Education in accordance with the Odisha Aided Educational Institutions Employee's Common Cadre and Inter-transferability Rules, 1979. All of them were given the benefit of UGC scale of pay by considering their approved date of appointments. They were also given the benefit of Senior Lecturer Scale of Pay and Reader Scale of Pay as provided under the UGC guidelines.

(2.) The relevant particulars of the petitioners is reflected in the table below: <FRM>JUDGEMENT_124_LAWS(ORI)5_2024_1.html</FRM> Since career advancement benefits were granted to them considering the date of their receiving grant-in-aid and not from their approved date of appointment, the petitioners along with some other Lecturers had approached this Court in OJC No.3837 of 1998. Their specific prayer was for grant of Senior Lecturer Scale of Pay on completion of eight years of service in case of non-M.Phill and non-Ph.D candidates and for grant of the said scale of pay to the M.Phill and Ph.D qualified candidates after seven years and five years respectively of qualifying service basing on the approved date of their appointments. Such claim was based on a common judgment rendered by a Division Bench of this Court in OJC No. 4912 of 1993 decided on 13/12/1996. The writ petition filed by the petitioners was disposed of by order dtd. 17/1/2019 directing the opposite party authorities to consider and decide their claim in terms of the common Judgment dtd. 13/12/1996. Be it noted that at the time of hearing of the case, the State Counsel in the said case, conceded that the issue involved in the writ petition (OJC No. 3837 of 1998) stood already decided in the common judgment which was confirmed by the Apex Court. Pursuant to such order passed by this Court, the State Government issued notice to the petitioners for personal hearing. The petitioners were personally heard by the Commissioner-cum-Secretary on 20/4/2019 and 13/5/2019. Ultimately, by order dtd. 7/6/2019, copy enclosed as Annexure-3 and impugned in the present writ application, the Commissioner-cum-Secretary rejected the claim of the petitioners by holding that in view of the amendment to Sec. 7-C of the Odisha Education Act, particularly by insertion of sub-Ss. (4-a) and (4-b) thereof, the common judgment dtd. 13/12/1996 has no application to the petitioners' case. Being thus aggrieved, the petitioners have approached this Court seeking the following relief; 'Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the order passed by the opposite party no.1 dtd. 7/6/2019 vide Annexure-3 to the writ application. And this Hon'ble Court be further pleased to direct the opposite parties, more particularly the opposite party no. 1 to extend the benefit of career advancement scale of pay as per Annexure-4 in favour of the petitioners by computing from the approved date of appointment instead of deducting five years from thereof and to calculate the same and release the same in favour of the petitioners within a time frame. And for this act of kindness, as in duty bound, the petitioners shall ever pray. '

(3.) In the counter affidavit and further affidavit filed by the opposite party authorities, the impugned order is sought to be justified on the ground that the prayer of the petitioners was for allowing the benefit of Career Advancement Scheme by computing the required qualifying service from the date of their respective appointments as approved by the competent authority without deducting five years of initial service as per the ratio decided in the common judgment. However, the benefit of Career Advancement Scheme in the post of Lecturer (SS) has been approved following the principles contained in the Government Resolution dtd. 6/10/1989 read with sub-sec. (4-a) and (4-b) of Sec. 7-C of the Odisha Education Act. It is further stated that the deduction of five years of initial service from the date of valid joining of a Lecturer in a non-Government Aided College for giving grant-in-aid is legally valid. Reference has been made to the amended provisions of sub-sec. s (4-a) and (4-b) of Sec. 7-C of the Odisha Education Act. These provisions were inserted in 1998 with retrospective effect from 1/1/1986 and have held the ground for more than 23 years. Grant-in-aid has been accordingly provided to the Lecturers/Readers by deducting five years of initial service. Therefore, for availing promotion in the Career Advancement Scheme a Lecturer has to put in 5+8+8 years of service, i.e., 21 years of service reckoned from the approved date of receipt of grant-in-aid for reaching the Reader Pay Scale. It is also stated in the affidavit filed on behalf of the opposite party No.1 that in case of SSB sponsored candidates the mandatory period of five years is not deducted to count their service for the purpose of Career Advancement Scheme as they are in receipt of full grant-in-aid from their dates of joining.