BANDITA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Is the petitioner entitled to the revised U.G.C. pay scale in terms of the Government resolutions dated 6.10.1989 and 6.11.1990 at Annexures -4 and 5 ? This is the core question that comes to the fore for decision in this writ petition. Although the petitioner has made a prayer to declare the cut -off date '1.4.1989' mentioned in the aforesaid Government resolutions ultra vires the Constitution, no argument was advanced on that score at the time of hearing.

(2.) A narration of skeletal facts is necessary for proper appreciation of the controversy raging between the parties. The Selection Board of the Education and Youth Services Department issued advertisement No. 1 of 1989 at Annexure -1 inviting applications for the post of lecturers in aided Colleges'. The advertisement required that the applications should reach the concerned authority for preparation of a list of successful candidates in order of merit for appointment of 135 lecturers in different subjects. Since the case at hand relates to the subject political science, we need not refer to the number of posts in respect of other subjects. So far as Political Science was concerned, 18 posts were to be filled up. Paragraph 4(b) of the said advertisement provided, inter alia, that the candidates should have the following qualifications : (i) Candidate should have an M. Phil degree or a recognized degree beyond Master's level with at least a second Class Master's degree or (ii) Candidate not holding an M. Phil degree should possess a high Second Class Master's degree, i.e. 53% of marks and second class Honours/Pass in the B.A/B.Sc./B.Com examination. Or (iii) Candidate not holding on M. Phil degree, but possessing a second class Master's degree should have obtained a first class in the Honours/Pass in the B.A./B.Sc./B.Com. examination.' Paragraph 4(e) of the advertisement also stipulated that candidates recruited to the post of lecturers of aided. colleges having the qualifications as at (ii) and (iii) above would be allowed the scale of Rs. 1350 -1975/ - and those having the qualification as at (i) above would be allowed the scale of Rs. 700 -1600/ -. The petitioner having been selected and recommended by the Selection Board, the Director, Higher Education, Orissa, Bhubaneswar - opposite party No. 2 in the order dated 23.8.1990 at. Annexure -6 sponsored her to Salipur College, Salipur, Cuttack, for appointment as Lecturer in Political Science in the pay scale of Rs. 1350 -2975/ - plus usual D.A. and A.D.A. against the 5th post (Management payment). Pursuant to the said order, the Governing Body of the College issued appointment order on the' basis of which she joined her duty in the college on 8.10.1990. The Director in the order dated 29.11.1990 at Annexure -8 approved her appointment as Lecturer in Political Science (5th post. M.P.) in Salipur College on regular basis for the purpose of management payment in the scale of Rs. 1350 -2975/ - with effect from 8.10.1990 (the date she joined the post). Consequent upon her transfer to K..B. College, Barang the Director in the order dated 20.10.1991 at Annexure -9 adjusted her against D.P. post of Lecturer in the scale of Rs. 2000 - 3500/ - with continuity of her previous service. Pursuant to the aforesaid order the petitioner joined in K. B. College, Baranga on 1.11.1991. The Director in his order dated 30.11.1991 at Annexure -10 accorded his approval to the same from the date of her joining i.e. 1.11.1991 with continuity of her previous service in the existing pay scale. She came to be further transferred by office order No. 31052 dated 1.6.1994 (Annexure -17) to Cuttack College, Nayabazar. During this interregnum, the State Government in the Education and Youth Service Department issued resolutions on 6.10.1989 and 6.11.1990 at Annexures -4 and 5 for Implementation of the revision of pay scale of teachers in colleges and other measures for maintenance of standard in higher education. By the said resolutions, the existing scales, of pay,(Rs. 700 - 1600/ -and Rs. 1350 -2975/ -) of lecturers were revised to Rs. 2300 -4000/ -. The case: of the petitioner is that she having been appointed on the recommendation of the Selection Board against a sanctioned post as a lecturer in a degree college, she is entitled to draw the revised scale of pay of Rs. 2300 -4000/ -as envisaged in the Government resolutions at Annexures -4.and 5.. The opposite parties on the other hand contended that the petitioner was appointed as a lecturer after 1.4.1989 and at no point of time she was appointed as a lecturer to teach in degree colleges and as such, she is not eligible to receive the U.G.C. pay scales as envisaged in the Government resolutions at, Annexures -4 and 5.

(3.) FOLLOWING the decision to implement the revision of pay scale of college teachers as per the resolution dated 6:10.1989. at Annexure -4, the State Government issued another resolution dated 6.11.1990 at Annexure -5, prescribing certain instructions to regulate the revision of pay scales of different categories of teachers serving in aided non -Government Colleges of the State. The Fifth Schedule of the said resolution has catalogue certain posts indicating their existing scales of pay with corresponding revised scales of pay. So far as the post of lecturer is concerned, the existing scales of pay of Rs. 700 -1600/ - or Rs. 1350 - 2975/ - is revised to Rs. 2200 - 4000/ -. Paragraph 2(1) of the resolution (Anncxurc -5) provides that the instructions contained in the resolution shall apply to all categories of full time teachers working in all aided non -Government Colleges either covered or eligible to be covered under direct payment scheme till 1.4.1989. In (he 'Note' appended to the said paragraph -2. it has been mentioned that 'college mean aided colleges which have been given Government concurrence and University affiliation for opening of 3 plus Degree courses by the 1st April. 1989 and not thereafter. Paragraph 2(2) of the resolution further states inter alia, that the instruction shall not apply to teachers appointed after 1.4.1989 to teach in plus 2 courses in existing degree colleges or plus 2 institutions. Relying on the aforesaid paragraphs of the resolution (Annexure -5), the learned Additional Government Advocate contended that the petitioner having been appointed after the cut -off date 1.4.1989 to teach in plus 3 courses in Salipur College. she is not eligible to draw the revised scale of pay. On careful consideration, we do not find any merit in the aforesaid contention of the learned Additional Government Advocate for the following reasons : The Advertisement (Anncxure -1) pursuant to which the petitioner applied for the job staled that it was an advertisement for appointment of lecturers in aided colleges. Paragraph 4 (c) of the said advertisement indicated that candidates would be recruited to the post of lecturers of aided colleges having the qualification of M. Phil degree or a recognised degree beyond Master's level with at least a second class Master's degree or 'not holding an M.Phil degree but possessing a second class Master's degree with first class in Honours/Pass in the B.A/B.Sc./B.Com. examination', and such candidates will be allowed the scale of pay of Rs. 1350 - 2975/ -. There is no dispute that the petitioner fulfilled the eligibility criteria. After the petitioner was selected by the Selection Board, the Director in the order dated 23.8.1990 at Annexure -6, sponsored her for appointment as lecturer in the pay scale of Rs. 1350 - 2975/ - as a lecturer in Salipur College, Salipur against the fifth post (MP). The Director in the order dated 13.11.1990 at Annexure -9 approved the appointment of the petitioner as lecturer in Political Science against the fifth post in the Salipur College in the same scale of Rs. 1350 - 2975/ - with effect from 8.10.1990 (the day she joined in the college). Neither the advertisement at Annexure -1 nor the order sponsoring the petitioner to Salipur College nor the order of approval at Annexure -8 indicated that she was appointed to teach in plus 2 courses. Similarly, the order transferring the petitioner from Salipur College to K. B. College, Baranga at Annexure -9 did not mention that she was appointed as a Junior lecturer. Perusal of Annexure -9 would show that she was adjusted on her transfer to K. B. College Baranga against the first post covered under direct payment scheme. Besides this, the petitioner has asserted that she had been taking classes in the degree courses from the initial date of her appointment in Salipur College. The certificate granted by the Principal of Salipur College, Salipur at Annexure -13 shows that she was taking classes in both Honours and Pass subjects in the degree stage during her incumbency in the said college. As already mentioned, the petitioner was appointed in the pay scale of Rs. 1350 -2975/ -. We have already recorded a finding in the preceding paragraph that the petitioner is covered under the 'coverage' envisaged in paragraph 3.1 of the resolution dated 6.10.1989 at Anhexure -4. We have also in the preceding paragraph given reasons indicating that the Government resolution dated 6.11.1990 at Annexure -5 does not stand on the day of the petitioner.