RAMESH CHANDRA PATRA Vs. ORISSA UNIVERSITY OF AGRICULTURE

JUDGEMENT

(1.) Challenge has been made to the inaction of the opposite parties for non-payment of four advance increments on the revised pay structure and the financial arrear benefits thereby to the petitioner.

(2.) The unfolded story leading to filing of the writ petition is that the petitioner being a highly qualified professor, working as Senior Scientist in Indian Veterinary Research Institute, Izatnagar (UP) (in short "the IVRI") , applied for the post of Professor in Veterinary Medicine Department under Orissa University of Agriculture and Technology, Bhuabneswar (hereinafter called as "the OUAT") on certain terms and conditions. One of the terms and conditions was to give him appointment on payment of four advance increments. On being agreed by the OUAT, the petitioner joined as Professor in Veterinary Medicine under OUAT. After joining of the petitioner, the OUAT got his pay fixed with four advance increments but it is alleged inter alia that when the revision of scale of pay was held with effect from 01.01.2006, i.e., much before the date of joining of the petitioner as Professor, the petitioner was not paid four advance increments under the revised scale of pay.

(3.) Be it stated that the petitioner is a highly qualified person having completed his Ph.D in IVRI and fellowship at United States of America and thereafter on 21.07.2002, he was promoted to the post of Senior Scientist at IVRI, which is most prestigious institution in India. The petitioner was appointed as Professor in Veterinary Medicine under the OUAT in pursuance of the advertisement dated 30.07.2005 under its service rules. Although the professor of the OUAT standing on the same footing like that of the petitioner are receiving their salary in terms of the revised scale of pay, the petitioner was not allowed to avail four advance increments on the revised scale of pay which is clear discrimination meted out by the opposite parties to the petitioner violating Article 14 of the Constitution of India. In spite of approach by the petitioner, the opposite parties did not allow four advance increments under revised scale of pay whimsically and without any basis. So, the petitioner was compelled to file this writ petition asking for payment of four advance increments as per the terms and conditions on the revised scale of pay and to pay all the arrear financial benefits accrued to the petitioner.