Teachers in Non-Government Aided Colleges are entitled to the same financial benefits as their counterparts in Government Colleges based on the principle of equal pay for equal work.

JUDGMENT :

B.P. Routray, J.

1. Heard Mr. S.S. Das, learned Senior Advocate for the Petitioners and Mr. T.K. Dash, learned Additional Government Advocate for State-Opposite Parties.

2. Present Petitioners, who are the teachers of different Non- Government Aided Colleges have prayed to grant revised UGC Scale of Pay and arrear dues in their favour as to their counterpart in Government Colleges in terms of Annexure-4 by quashing such condition prescribed in Annexure-5 limiting their pay to be notional with effect from 1.1.2016 to 1.10.2017.

3. Admittedly, the Petitioners are the employees of different Non- Government Aided Colleges under the Higher Education Department in receipt of UGC Scale of Pay as on 1^st January 2016. Such status of the Petitioners is never disputed.

4. Government of Odisha in Higher Education Department vide Resolution No.3324 dated 11.2.2019 prescribed revision of pay scales of teachers and equivalent cadres in receipt of UGC Scales of Pay in Universities and Colleges following the revision of pay scales of Central Government employees on the recommendations of 7^th Central Pay Commission. Clauses (3) & (4) of said Resolution dated 11.2.2019 reads as follows :-

“3. The question of revision of pay scales for University and College teachers on the basis of recommendations of Government of India and U.G.C. was under active consideration of Government. After careful consideration, the State Government have been pleased to implement the Scheme of revision of pay scales for University and College teachers in receipt of U.G.C. scale with the following terms and conditions :

4. Coverage :

The revised pay and other related service benefits shall be applicable to all the full-time teachers working in the Universities, i.e. the Utkal University, the Berhampur University, the Sambalpur University, the Fakir Mohan University, the North Odisha University, the Ravenshaw University, the Shree Jagannath Sanskrit University, the Rama Devi Women’s University, the Gangadhar Meher University, Khallikote University, Government Colleges and Non-Government Aided Colleges under Higher Education Department who were in receipt of U.G.C. scales of pay as on the 1^st January 2016.

This will also be extended to the full-time teachers of Biju Patnaik University of Technology, Rourkela & its constituent Colleges, V.S.S.U.T., Burla, Indira Gandhi Institute of Technology, Sarang under the administrative control of Skill Development & Technical Education Department, Odisha University of Agriculture and Technology under the administrative control of Agriculture and Farmers, Empowerment Department and the teachers of the Government Medical Colleges under the administrative control of Health & Family Welfare Department who were in receipt of U.G.C. scales of pay as on the 1^st January 2016. All the related Departments will prepare separate resolutions following due procedure.”

5. In terms of aforesaid Resolution under Annexure-4, the revised pay and other related revised benefits were released in favour of all such employees working as full-time teachers in the Universities and Government Colleges. But in respect of Non-Government Aided Colleges in receipt of UGC Scales of Pay, it was prescribed in a notification issued by the Government of Odisha in Higher Education Department dated 22^nd October 2019 that the pay of such employees of Non-Government Aided Colleges shall be fixed on notional basis with effect from 01.01.2016 to 01.10.2017 and the actual financial benefit shall be released w.e.f. 01.10.2017. Such treatment to the teachers of Non-Government Aided Colleges in receipt of UGC Scale of Pay, different from the teachers of Government College