DR. RAJASHREE MISHRA Vs. O.U.A.T.

JUDGEMENT

(1.) The petitioner, having stood first in B.V. Sc. & A.H. course conducted in the year 1989 by the Orissa University of Agriculture and Technology (for short "OUAT") and completed her M.V. Sc. in 1st division in the year 1992 in the subject Veterinary Bacteriology, Virology, by following due process of selection was initially appointed as Research Assistant under OUAT in the scale of pay of Rs.1640-2900/- against the post of Junior Scientist at Mahisapat vide office order dated 09.07.1993. While she was so continuing, she qualified in the National Eligibility Test, 1994. On 24.07.1993, in partial modification of office order dated 09.07.1993, the petitioner, who was posted as Research Assistant against the post of Junior Scientist, was reposted as such against the post of Lecturer, Bacteriology, (ISS Plan), Orissa Veterinary College.

(2.) On 006.1995, the petitioner filed a representation before the Registrar, OUAT to be appointed as Ad hoc Lecturer, since she acquired the minimum qualification and had been holding the post. Pursuant to the query made by the Registrar, OUAT, the Dean of the Veterinary Science & Animal Husbandry, OUAT vide his letter dated 05.10.1995, while pointing out that the petitioner has been adjusted against the post of Lecturer, requested for publication of advertisement to fill up the vacant posts as per the list appended to the said letter. As no steps were taken for recruitment against the vacant posts of Lecturers, the Dean of the Veterinary Science & Animal Husbandry, OUAT issued reminder to the Registrar, OUAT to take steps for recruitment and, while stating so, specifically pointed out that the petitioner, who was appointed as Research Assistant, has been adjusted against the post of Lecturer. The petitioner, referring to her earlier representation dated 03.06.1995, again filed a representation on 21.07.1996 to consider her case for appointment as Lecturer. In the said representation, she stated that though she had already rendered 3 years of service as Lecturer and was also continuing as such, her case for appointment as Lecturer had not been considered nor the post had been advertised, even though for other disciplines advertisement had been made by the authority and the Research Assistants working in other faculties had already been appointed as Lecturer in the concerned Department. By letter dated 05.08.1996, the Dean of the Veterinary Science and Animal Husbandry, OUAT, while forwarding the representation of the petitioner to the Registrar, OUAT, specifically indicated that there were two vacancies in the rank of Asst. Professor (one post plan and another non-plan) in the Department of Bacteriology and that action be taken to fill up the posts so that the petitioner could be adjusted.

(3.) The petitioner again made a representation on 28.07.1999 to consider her case for regularization in the post of Asst. Professor, since persons below her in the select list had been adjusted in their respective departments as Asst. Professor. Due to inaction of the authority, the petitioner approached this Court by filing OJC No. 13411 of 1999, which was disposed of by order dated 28.01.2003 with a direction that as and when the questions of appointment and filling up the post of Lecturer in Bacteriology would be considered by the University, it would also consider the case of the petitioner, keeping in view the academic qualification, the NET certificate and the experience in accordance with the Statute. Thereafter, an advertisement was issued for the post of Asst. Professor, Bacteriology in the College of Veterinary Science and Animal Husbandry, OUAT. The petitioner was selected and appointed as Asst. Professor of Bacteriology as per letter dated 10.06.2005. While so continuing, she made a grievance that she should be extended with the benefit from the date of initial appointment, i.e., 31.07.1993 so as to enable her to get senior scale of pay w.e.f. 01.08.2001. But, the representation of the petitioner was not considered for a long period and ultimately, on 20.09.2008, the same was rejected. Hence, this application has been filed seeking for direction to the opposite parties to treat the petitioner as Lecturer/Asst. Professor w.e.f. 31.07.1993 and grant scale of pay and consequential service benefits and financial benefits as due and admissible to the post from that date.