SARAT KUMAR SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is working as Senior Assistant under Utkal University, Vani Vihar, Bhubaneswar, files this application to quash order dated 03.12.2012 under Annexure-5, by which direction has been given for effecting recovery of excess payment made to 24 employees of the University through the III contemplated up gradation scheme devised during the year 1984-85.

(2.) The factual matrix of the case, in brief, is that the petitioner having requisite qualification was appointed as Junior Assistant by following due procedure against a substantive vacancy on 18.12.1987. Due to increase of workload and keeping in view the yardstick, the syndicate of the University made a proposal to upgrade certain posts of Junior Assistant to that of Senior Assistant in the post-graduate department of Utkal University. Accordingly, the high power committee, known as syndicate sub-committee, which was constituted by virtue of the resolution of the syndicate dated 17.11.1994 gave a proposal for up gradation of 22 posts of Junior Assistant to that of Senior Assistant in the post-graduate teaching department of the Utkal University. Pursuant to such resolution dated 17.11.1994, the University recommended for up gradation of 22 posts of Junior Assistant to that of Senior Assistant. Accordingly, on the basis of the recommendation made by the syndicate sub-committee, the syndicate in its meeting dated 14.12.1994 unanimously resolved that 22 posts of Junior Assistant working in different teaching departments were being upgraded to Senior Assistant without creating cadre post either on higher or lower level.

(3.) The petitioner, who was appointed against a substantive post of Junior Assistant, the said post having been upgraded as Senior Assistant, he was promoted vide office order dated 19.04.1995. Consequentially, he joined the said post and allowed to draw salary in the higher scale admissible to the post by the University. While substantive vacancies were created in the post of Senior Assistant, the petitioner was adjusted against regular vacancy in the scale of pay of Rs.4750-7500/- vide office order dated 05.05.2000 and from that date he had been continuing as a regular Senior Assistant having promoted from the post of Junior Assistant.