IMPORTANT POINT
The Career Advancement Scheme (CAS) is not applicable to the College of Accountancy and Management Studies (CAMS) due to its distinct staffing structure, and eligibility for promotion under the CAS requires specific qualifications, including a Ph.D. degree, which the petitioner lacked.

JUDGMENT

Murahari Sri Raman, J. -

The challenge:

1. Invoking provisions of extraordinary jurisdiction of this Court to exercise judicial review under Article 226/227, the petitioner questioned the legality and propriety of Order dated 03.06.2014 of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack passed in O.A. No.414 (C) of 2000, and prayed for grant of the following relief(s):

'It is therefore, prayed this Hon'ble Court may graciously be pleased to issue Rule Nisi to the opposite parties and if the opposite parties will fail to show cause or shown insufficient cause, made the said Rule absolute by directing them to grant the benefit under the Career Advancement Scheme, i.e., to grant Senior Lecturer's scale with effect from 31.07.1987 and Reader's scale with effect from 31.07.1995

And further pleased to quash the impugned judgment under Annexure-4,

And may pass any other order/orders ad deem fit and proper to the fact and circumstances of this Hon'ble Court.

And for this act of kindness, the petitioner as in duty bound shall ever pray. '

The facts:

2. The facts adumbrated by the petitioner so far as relevant for the present purpose are narrated herein.

2.1. The petitioner, being qualified Master of Arts in Statistics, was appointed as a Lecturer, Class-II, in the College of Accountancy and Management Studies, Cuttack (for convenience referred to as 'CAMS'), which was later renamed as 'Institute of Management & Information Technology', vide Letter dated 31.07.1979 with the Scale of Pay of Rs.525/- - Rs.1150/- per month.

2.2. The CAMS, functioning under the administrative control of Industries Department, was transferred to the Education and Youth Service Department, vide Resolution No.5453-I, dated 02.03.1982 of the Government of Orissa in Industries Department. Subsequently, it is now under the Higher Education Department.

2.3. The State Government have decided to extend the University Grants Commission (for brevity, 'UGC') Scale of Pay to the College teachers with effect from 01.01.1974 vide Education and Youth Services Department Resolution No.32737/EYS, dated 30.09.1977. Accordingly pay scales were notified under the Orissa Revised Scale of Pay (for College Teachers) Rules, 1978.

2.4. The Scale of Pay of the petitioner, Lecturer in CAMS, was revised in the year 1986 and the UGC Scale of Pay was accorded to her.

2.5. The UGC introduced a Scheme known as 'Career Advancement Scheme' (for short, 'CAS'), which was implemented by the Government vide Resolution of the Education and Youth Services Resolution No.44032- IVE/N-15/89 (pt)/EYS, dated 06.10.1989, whereby the Scheme was extended to all categories of full time teachers working in all the affiliated Government Colleges and Aided Non-Government Colleges, either covered or eligible to be covered under the Direct Payment Scheme till 01.04.1989. The said Scheme was also extended to full time eligible teachers working in the CAMS, Cuttack.

2.6. The CAS stipulated that a Lecturer who has completed 8 years of service will get Senior Lecturer's Scale and on completion of 16 years, a Senior Lecturer would get Reader's Scale. Consequently, the Scale of Pay has been revised with effect from 01.01.1986.

2.7. The petitioner, Lecturer in the CAMS, claims to be eligible to get the benefit of the CAS, i.e., on completion of 8 years of service, in the year 1987, the Senior Lecturer's Scale of Pay and on completion of 16 years, in the year 1995, the Reader's Scale of Pay.

2.8. As the benefit under the CAS was not extended in favour of the petitioner, she approached the Orissa Administrative Tribunal, Cuttack by way of filing Original Application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. No.414 (C) of 2000. It is submitted that during the pendency of said application, the petitioner got retired from service with effect from 31.01.2014. The Tribunal upon hearing the parties denied to grant relief claimed for and rejected the said application by an O