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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Madan Mohan Mahala – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. status and treatment of non-government aided colleges' teachers. (Para 2 , 3 , 4) |
| 2. arguments regarding equal treatment in pay. (Para 6 , 7) |
| 3. court's analysis on pay equality principles. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion to provide financial benefits to petitioners. (Para 14 , 15) |
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 1st 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 revisi
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.
The discretionary nature of state policy decisions regarding pay revisions is upheld, with no obligation to adopt central schemes mandatorily.
Private unaided educational institutions are not obligated to pay salaries equivalent to Government/Aided institutions as per the Act and Rules, and the employee's entitlement is governed by the term....
The exclusion of non-teaching staff from revised pay scales in unaided institutions is arbitrary, violating Article 14's guarantee of equality, as both aided and unaided staff should equally share in....
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
The main legal point established in the judgment is the entitlement of teachers to arrears of salary as per VI and VII CPC recommendations, and the responsibility of the authorities to ensure complia....
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
Equal pay must be granted to Primary Teachers regardless of the existence of promotional posts, ensuring adherence to principles of equality under Articles 14 and 16.
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