MURALIDHAR SWAIN Vs. VICE CHANCELLOR, UTKAL UNIVERSITY, BHUBANESWAR

JUDGEMENT

(1.) Grievance of the petitioner is short & concrete. He is invoking the writ jurisdiction of this Court for laying a challenge to order dtd. 4/1/2024, which reads as under:

(2.) Learned counsel for the petitioner submits that although the promotion has been given to the next level vide impugned order, the financial benefits have been denied notwithstanding that the effective date of promotion is 15/12/2010; salary & emoluments payable to an employee are his property and therefore, denying them unjustifiably amounts to violation of Article 300A of the Constitution of India. He also tells the Court that another person, namely, Mr. Ashok Kumar Mishra, who was convicted in a criminal case and whose criminal appeal is still pending, has been granted promotion with retrospective effect and further accorded all consequential benefits. Counsel invoking E.P. Royappa v. State of Tamilnadu, AIR 1974 SC 555 says that the action of University is absolutely unjust, arbitrary & discriminatory qua the petitioner. Therefore, he seeks invalidation of that portion of the impugned order, which denies financial benefits on the ground that vigilance case is pending, after he having been acquitted at the hands of trial Court.

(3.) Learned Senior Panel Counsel appearing for the University, in his usual fairness, resists the petition contending that although petitioner was acquitted in the criminal case, the prosecution has preferred appeal and therefore, there is continuation of the criminal case; when criminal case is thus pending, the University cannot be faltered in denying financial benefits of promotion during such pendency. So far as discrimination is concerned, he submits that many hands work in the University without knowing each other and therefore, happening of such things are not uncommon. Lastly, he submits that, in the fitness of things, the action of the University should not be faltered and that the petitioner should await till the State's criminal appeal is heard & decided.