IMPORTANT POINT
The court reaffirmed that all teachers in aided educational institutions must be treated equally regarding career advancement benefits, and any arbitrary deductions in service years violate the principle of equality under the Constitution.

JUDGMENT

Sashikanta Mishra, J.

The petitioners in the present writ application, by questioning the correctness of order dated 07.06.2019 passed by the Commissioner-cum-Secretary to Government in the Department of Higher Education, Orissa seek quashment of the same. All the four petitioners were appointed as Lecturers in different disciplines by the Governing Bodies of different non-aided institutions. Their appointments were duly approved by the State Government and accordingly they were paid their salary components with effect from their date of appointments. They were also placed in the common gradation list prepared by the Director, Higher Education in accordance with the Orissa Aided Educational Institutions Employee's Common Cadre and Inter-transferability Rules, 1979. All of them were given the benefit of UGC scale of pay by considering their approved date of appointments. They were also given the benefit of Senior Lecturer Scale of Pay and Reader Scale of Pay as provided under the UGC guidelines.

2. The relevant particulars of the petitioners is reflected in the table below:

Since career advancement benefits were granted to them considering the date of their receiving grant-in-aid and not from their approved date of appointment, the petitioners along with some other Lecturers had approached this Court in OJC No.3837 of 1998. Their specific prayer was for grant of Senior Lecturer Scale of Pay on completion of eight years of service in case of non-M.Phill and non-Ph.D candidates and for grant of the said scale of pay to the M.Phill and Ph.D qualified candidates after seven years and five years respectively of qualifying service basing on the approved date of their appointments. Such claim was based on a common judgment rendered by a Division Bench of this Court in OJC No. 4912 of 1993 decided on 13.12.1996. The writ petition filed by the petitioners was disposed of by order dated 17.01.2019 directing the opposite party authorities to consider and decide their claim in terms of the common Judgment dated 13.12.1996. Be it noted that at the time of hearing of the case, the State Counsel in the said case, conceded that the issue involved in the writ petition (OJC No. 3837 of 1998) stood already decided in the common judgment which was confirmed by the Apex Court. Pursuant to such order passed by this Court, the State Government issued notice to the petitioners for personal hearing. The petitioners were personally heard by the Commissioner-cum-Secretary on 20.04.2019 and 13.05.2019. Ultimately, by order dated 07.06.2019, copy enclosed as Annexure-3 and impugned in the present writ application, the Commissioner-cum-Secretary rejected the claim of the petitioners by holding that in view of the amendment to Section 7-C of the Orissa Education Act, particularly by insertion of sub-Sections (4-a) and (4-b) thereof, the common judgment dated 13.12.1996 has no application to the petitioners' case. Being thus aggrieved, the petitioners have approached this Court seeking the following relief;

'Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the order passed by the opposite party no.1 dated 07.06.2019 vide Annexure-3 to