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1996 Supreme(Ori) 245
IN THE HIGH COURT OF ORISSA
R.K. Patra, C.R. Pal, JJ.
SMT. BANDITA DASH - APPELLANT
Versus
STATE OF ORISSA AND ANOTHER - RESPONDENT
Original Jurisdiction Case No. 8664 of 1993
Decided On : 20-09-1996
G. Rath, P. Acharya and R.K. Nayak, for the Appellant; R.K. Mohanty, A.G.A., for the Respondent
A lecturer in a degree college, appointed after the cut-off date of 1.4.1989, is entitled to the revised U.G.C. pay scale as per the Government resolutions dated 6.10.1989 and 6.11.1990, if the post against which she was appointed was covered under the direct payment scheme and she fulfilled the eligibility criteria.
Headnote:
EDUCATION - U.G.C. PAY SCALE - REVISED PAY SCALE - ENTITLEMENT - LECTURER IN AIDED COLLEGE - APPOINTMENT AFTER CUT-OFF DATE - WHETHER ENTITLED TO REVISED PAY SCALE - GOVERNMENT RESOLUTIONS DATED 6.10.1989 AND 6.11.1990 - INTERPRETATION.
Fact of the Case:
The petitioner, a lecturer in a degree college, challenged the denial of the revised U.G.C. pay scale as per the Government resolutions dated 6.10.1989 and 6.11.1990, on the ground that she was appointed after the cut-off date of 1.4.1989.
Finding of the Court:
The Court held that the petitioner was entitled to the revised U.G.C. pay scale from the date of her joining at Salipur College, Salipur, as she was appointed against a post covered under the direct payment scheme with effect from 1.6.1985 and fulfilled the eligibility criteria.
Issues: Whether the petitioner, appointed as a lecturer in a degree college after the cut-off date of 1.4.1989, was entitled to the revised U.G.C. pay scale as per the Government resolutions dated 6.10.1989 and 6.11.1990.
Ratio Decidendi: The Court interpreted the Government resolutions dated 6.10.1989 and 6.11.1990 and held that the petitioner came within the sweep of 'coverage' envisaged in paragraph 3.1 of the resolution dated 6.10.1989, as the post against which she was appointed was covered under the direct payment scheme with effect from 1.6.1985. The Court also held that the petitioner was not appointed to teach in plus 2 courses and that the bar contained in paragraph 2(2)(vi) of the resolution at Annexure-8 would not operate against her.
Final Decision: The Court allowed the writ petition and directed the opposite parties to calculate the arrears and pay the same to the petitioner within six months from the date of receipt of the writ.
JUDGMENT :
R.K. Patra, J. - Is the petitioner entitled to the revised U.G.C. pay scale in terms of the Government resolutions dated 6.10.1989 and 6.11.1990 at Annexures-4 and 5 ? This is the core question that comes to the fore for decision in this writ petition. Although the petitioner has made a prayer to declare the cut-off date "1.4.1989" mentioned in the aforesaid Government resolutions ultra vires the Constitution, no argument was advanced on that score at the time of hearing.
2. A narration of skeletal facts is necessary for proper appreciation of the controversy raging between the parties.
The Selection Board of the Education and Youth Services Department issued advertisement No. 1 of 1989 at Annexure-1 inviting applications for the post of lecturers in aided Colleges". The advertisement required that the applications should reach the concerned authority for preparation of a list of successful candidates in order of merit for appointment of 135 lecturers in different subjects. Since the case at hand relates to the subject political science, we need not refer to the number of posts in respect of other subjects. So far as Political Science was concerned, 18 posts were to be filled up. Paragraph 4(b) of the said advertisement provided, inter alia, that the candidates should have the following qualifications :
(i) Candidate should have an M. Phil degree or a recognized degree beyond Master's level with at least a second Class Master's degree or
(ii) Candidate not holding an M. Phil degree should possess a high Second Class Master's degree, i.e. 53% of marks and second class Honours/Pass in the B.A/B.Sc./B.Com examination. Or
(iii) Candidate not holding on M. Phil degree, but possessing a second class Master's degree should have obtained a first class in the Honours/Pass in the B.A./B.Sc./B.Com. examination."
Paragraph 4(e) of the advertisement also stipulated that candidates recruited to the post of lecturers of aided. colleges having the qualifications as at (ii) and (iii) above would be allowed the scale of Rs. 1350-1975/- and those having the qualification as at (i) above would be allowed the scale of Rs. 700-1600/-. The petitioner having been selected and recommended by the Selection Board, the Director, Higher Education, Orissa, Bhubaneswar - opposite party No. 2 in the order dated 23.8.1990 at. Annexure-6 sponsored her to Salipur College, Salipur, Cuttack, for appointment as Lecturer in Political Science in the pay scale of Rs. 1350-2975/- plus usual D.A. and A.D.A. against the 5th post (Management payment). Pursuant to the said order, the Governing Body of the College issued appointment order on the' basis of which she joined her duty in the college on 8.10.1990. The Director in the order dated 29.11.1990 at Annexure-8 approved her appointment as Lecturer in Political Science (5th post. M.P.) in Salipur College on regular basis for the purpose of management payment in the scale of Rs. 1350-2975/- with effect from 8.10.1990 (the date she joined the post). Consequent upon her transfer to K..B. College, Barang the Director in the order dated 20.10.1991 at Annexure-9 adjusted her against D.P. post of Lecturer in the scale of Rs. 2000- 3500/- with continuity of her previous service. Pursuant to the aforesaid order the petitioner joined in K. B. College, Baranga on 1.11.1991. The Director in his order dated 30.11.1991 at Annexure-10 accorded his approval to the same from the date of her joining i.e. 1.11.1991 with continuity of her previous service in the existing pay scale. She came to be further transferred by office order No. 31052 dated 1.6.1994 (Annexure-17) to Cuttack College, Nayabazar.
During this interregnum, the State Government in the Education and Youth Service Department issued resolutions on 6.10.1989 and 6.11.1990 at Annexures-4 and 5 for Implementation of the revision of pay scale of teachers in colleges and other measures for maintenance of standard in higher education. By the said resolutions, the existing sca
