NARENDRA KUMAR MISHRA Vs. UTKAL UNIVERSITY OF CULTURE

JUDGEMENT

(1.) THE petitioner, who was appointed as Vice -Chancellor of the Utkal University of Culture has filed this Writ Petition under Articles 226 and 227 of the Constitution of India seeking a direction to the opposite parties to fix his scale of pay maintaining parity with the scale of the Vice -Chancellors of the other Universities in accordance with the University Grants Commission (hereinafter referred to as 'UGC) Notification.

(2.) THE case of the petitioner in this writ petition is that he was appointed Vice -Chancellor of the Utkal University of Culture (hereinafter referred to as 'UUC') after due process of selection and in accordance with decision of the Selection Committee his appointment order was issued by order of the Hon'ble Chancellor under Annexure -3 vide Notification No. 14023 dated 9th November, 2001. The petitioner's appointment was for a term of three years. The petitioner assumed office on 26.11.2001 and retired from Vice -Chancellorship on 26.11.2004 after expiry of his term of office. The grievance of the petitioner is that despite expiry of the term, his scale of pay has not been fixed. The petitioner has submitted Annexure -10,. i.e., letter dated 22nd September, 1998 issued by Government of India, Ministry of Human Resources Development (Department of Education), wherein the revised pay scale of the Vice -Chancellor was fixed at Rs. 25,000/ - with effect from 01.01.1996. Thereafter, on 24th December, 1998, UGC has issued a letter to the Vice -Chancellors of all the Universities, Education Secretaries of all the States and Union Territories under Annexure -11 whereby the scale of pay of Vice -Chancellor was fixed at Rs. 25,000/ - on revision. In paragraph 18, the petitioner specifically averred that the Vice -Chancellors in other Universities in the State of Orissa like Fakir Mohan University, Balasore, North Orissa University, Baripada, Biju Pattnaik University of Technology, Rourkela are getting salary of Rs. 25,000/ -. The grievance of the petitioner is that his scale of pay has not been fixed and he is entitled to get salary of Rs. 25,000/ - plus Dearness Allowance as admissible lest he would face hostile discrimination. Despite completion of the term his scale of pay has not been fixed. The further grievance of the petitioner is despite the fact that this University is similar to the other Universities in the State in all respects; he has not been paid the salary at the equivalent scale.

(3.) THE Registrar of UUC filed counter affidavit disputing the claim of the petitioner. In the said counter affidavit, it is stated that the implementation of UGC pay scale depends upon the grants received from the UGC. The UUC has not so far been eligible to receive grant from UGC, even though this University is recognized under Section 2(6) of the UGC Act, 1956.