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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 :
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.
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.
“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 :
The revised pay and other related service benefits shall be applicable to all
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 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....
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.
The main legal point established in the judgment is that the applicability of pay scales is determined by the specific rules and eligibility criteria for different posts, and the doctrine of equal pa....
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