LOKANATH MAHAPATRA Vs. REGISTRAR REPRESENTING BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) HEARD further argument from Learned Counsel for the Petitioners in each of the Writ Petitions and Learned Counsel for Berhampur University and the Judgment is as follows:

(2.) SHRI Lokanath Mahapatra is the Petitioner in O.J.C. No. 9712 of 1993. The undisputed case between the parties is that pursuant to the Notification, Annexure -B/1 dated 7.11.1986, the Employment Exchange was asked to sponsor candidates to fill up the posts of Junior Assistant in the Berhampur University in the scale of pay of Rs. 780 -1160/ -. The case of the Petitioner was sponsored by Employment Exchange and Mr. Mahapatra was selected by the University, and granted appointment. He submitted his joining report on 11.3.1987. His pay was fixed at initial stage as advertised. Two years after,, i.e., in the year, 1989, he claimed for protection of his pay in the erstwhile employment, i.e., in Berhampur Cooperative Central Bank, in view of the General Order issued by the Finance Department in F.D. No. 31504/F dated 16.6.1980. On consideration of such representation, Shri Mahapatra was granted pay protection as per his Last Pay Certificate received from the Berhampur Cooperative Central -Bank, and, thereafter, he was provided with increments from year to year as per order, Annexure -1. Petitioner was confirmed in the post of Junior Assistant with effect from 1.4.1900 as per order Annexure -2 dated 11.8.1990. When the matter stood thus, the other Junior Assistants of Berhmapur University, who were seniors in service to Mr. Mahapatra, claimed for step up of their pay. Such representations of such employees were also considered and allowed by Berhampur University but subject to stipulation that they would furnish undertaking to refund the excess amount disbursed to them, if such occasion arises. Because of audit objection to the aforesaid orders, and even after considering the compliance report, Annexure -3 of Berhampur University, the direction from the Audit necessitated the Berhampur University to pass order, Annexure -4 in which it was ordered that: The pay protection allowed to Sri Lokanath Mohapatra, Junior Assistant vide this Office Order No. 15410/Admn -ll/BU/89 dtd.14.12.89 is hereby cancelled. Consequently, order was also passed for recovery ,of the excess amount paid to the other Junior Assistants who had been granted higher scale by stepping up of their pay.Thus, Mr. Mahapatra, the Petitioner. -in O.J.C. No. 9712 of 1993, has filed this Writ Petition to quash the order, Annexure -4. Similarly; 27 Junior Assistants from the Berhampur University have filed O.J.C. No. 503 of 1994 challenging the order of recovery dated 20.11.1993, Annexure -4.

(3.) SINCE the Petitioner was appointed in 1987, i.e., prior to 1988 Statute came into force, it is admitted at the bar that in absence of any provision for providing retrospective operation of any provision that statute is not applicable to the copies of the Petitioner's. Apart from that, it is the contention of Mr. B.S. Mishra, Learned Counsel for Berhampur University that F.D. N0.31504/F dated 16.6.1980 is not at all applicable to the case of the parties and for reasons best known the officers in the University wrongly adopted that F.D. in favour of the Petitioner in each of the Writ Petitions. We find sufficient substance in that argument inasmuch as at the outset in F. D. No . 31504/F dated 16.6.1980 , it has been stated that 'Protection of pay/condonation of break in service etc. of retrenched Government employees on subsequent appointment under the Government. -New appointments are at times made in Government Departments/Offices by giving preference to retrenched employees. Government have decided that in such cases, benefits of condonation of break in service, protection of pay etc. may be allowed as indicated below.