SUSANT KUMAR BARAL Vs. VICE CHANCELLOR, BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) THE petitioner has filed this writ petition with a prayer to quash the order dated 20.9.2002 passed by the State Government in Higher Education Department vide Annexure - 6, the order dated 22.10.2002 passed by the under Secretary to the Chancellor vide Annexure - 7 and the Resolution of the Syndicate dated 17.2.2003 under agenda No. 26 vide Annexure - 8, by which the post held by the petitioner i.e. Research Associate in the Business Administration Department of the Berhampur University, has been re -designated as Lecturer with effect from 22.10.2002 and to direct the opposite parties to re -designate the said post of Research Associate as Lecturer from the date of his joining the post of Research Associate, i.e. 8.5.1991 and also to allow him the benefit of Career Advancement Scale by treating his verified service from the date of his initial appointment and other consequential service benefits.

(2.) THE case of the petitioner in this writ petition is that he was consistently a good student during his academic career with first division all through from Matriculation to Post Graduate. The petitioner obtained his MBA Degree from the University of Poona in the year 1987 -89 in 'A Grade. Moreover, he became the first man from Orissa to clear the University Grant Commission (UGC) National Educational Test (NET) for being eligible to lectureship on management in 1989/April 1990. The petitioner claims that he was also a brilliant scholar with unique distinction of being short -listed for the coveted FULBRIGHT Post -Doctoral Fellowship of the U.S. Educational Foundation in India. On introduction of M.B.A. Programme in the Berhampur University, on the recommendation of the All India Board of Management Studies, the University Grant Commission (UGC) by its letter dated 30.4.1987 vide Annexure -1 conveyed its approval to the non -recurring and recurring grants for starting of the M.B.A. course in the University. In the said letter the UGC created and sanctioned recurring grants for several posts including six posts of Lecturers (including Research Associates/Case Analyst). Thereafter the State Government in the erstwhile Education and Youth Services Department accorded its concurrence to the creation and approval of the posts by the UGC for the Business Administration Department of the University. On 30.4.1990, the University issued an advertisement vide Annexure -3 inviting applications from eligible candidates to fill up various posts including the post of Research Associate in the Business Administration Department. The petitioner applied for the aforesaid post of Research Associate carrying the scale of pay of Rs.2200 -4000/ -, which was equal to the scale of pay meant for the Lecturers. The petitioner on being selected by the Selection Committee constituted for the purpose was appointed as Research Associate on 6.5.1991 with the approval of the Syndicate. The petitioner joined the post on 8.5.1991 but continued to discharge the duties of Lecturer. Since the petitioner was discharging exactly the same work as that of the Lecturers working in the MBA Department, the University authorities vide Annexure -4 series recommended to the UGC to re -designate the post of Research Associate as Lecturer. Considering the aforesaid recommendation, the UGC by its letter dated 20.11.1998 under Annexure -5 intimated that it has no objection to re -designate the post of Research Associate as Lecturer. On the basis of the recommendation of the University authorities vide Annexure -4 series, the Deputy Secretary to the Government in Higher Education Department vide letter dated 20.9.2002 (Annexure -6) conveyed the decision of the State Government to re -designate the posts of Research Associate and Case Analyst as Lecturers in the scale of pay of Rs.8,000 -275 -13,500/ - in the Department of Business Administration of the University with effect from the date of issue of the order. Thereafter the Under Secretary to the Chancellor of the University conveyed the approval of the Chancellor to re -designate the posts of Research Associate and Case Analyst as Lecturers from the date of issue of the order, i.e. 22.10.2002.

(3.) A counter affidavit has been filed by the University authorities wherein it is disclosed that Berhampur University has recommended the case of the petitioner for the purpose of giving him financial benefit, but the said recommendation of the University cannot be construed to be a recommendation to put the petitioner over and above the incumbents already holding the posts of Lecturer prior to the date of joining of the petitioner as Research Associate.