The state must apply laws uniformly without discrimination between employees, as inequitable application violates constitutional equality.

JUDGMENT :

SASHIKANTA MISHRA, J.

The petitioner has approached this Court seeking the following relief.

“It is therefore prayed on behalf of the petitioner that:-

A. The Writ Application may be allowed

B. A writ in the nature of Certiorari may be issued quashing ANNEXURE-3.

C. A writ in the nature of mandamus may be issued directing the Opp. Parties to allow the petitioner to be placed in selection grade w.e.f. 1992 & not from 1997 and to allow the petitioner to draw the arrear differential amount within a period to be stipulated by this Hon’ble Court.

D A Writ in the nature of mandamus may be issued directing to the Opp. Parties to take into account the services rendered by the petitioner in the Gov’t College prior to his appointment in the year 1976 in an Aided Educational Institute.

E. And such other Order/Orders, Writ/Writs, direction/ directions may be issued, so as to give complete relief to the petitioner And for this act of kindness, the petitioner, as in duty bound, shall ever pray.”

2. The petitioner’s case is that he was initially appointed as Lecturer in Zoology on 30.08.1972 in M.P.C. College, Baripada being appointed by the Management of the said College. He was transferred to Dhenkanal College, Dhenkanal where he joined on 17.08.1973. He served in such College till 13.12.1975. As his appointment was not concurred by the OPSC, the petitioner was relieved from Dhenkanal College on 13.12.1975 and was directed by the Director, Higher Education, Odisha to join in Rairangpur College, Rairangpur on regular basis. Accordingly, he joined in the said College on 02.01.1976 and continued till 03.03.1983 when he was transferred to Karanjia College, Karanjia. While serving in Karanjia College, the petitioner received the first Career Advancement Scale, i.e. Lecturer Senior Scale of Pay w.e.f. 01.01.1986. He approached the authorities for grant of further Career Advancement Scale, i.e. Selection Grade time and again but no action was taken. One of such representations dated 01.11.2002 was rejected by the Directorate vide letter dated 27.05.2003 stating that he is entitled to the Career Advancement Scale w.e.f. 02.01.1997 subject to fulfilment of the requisite conditions as per Odisha Education (Amendment) Act, 1998. Feeling aggrieved, the petitioner has approached this Court in the present writ application with the prayer as quoted above.

3. Counter affidavit has been filed by the opposite party No.2, wherein it is stated that the petitioner initially joined as Lecturer in Zoology on 30.08.1972 on ad hoc basis in M.P.C. College, Baripada, which is a Government College. He continued in the said College till 30.12.1975, when he was retrenched due to non-recommendation by the OPSC. He thereafter joined in Rairangpur College on 02.01.1976, which is an aided non-Government College. As such, his services have been reckoned from 02.01.1976. He was granted Senior Lecturer Scale w.e.f. 01.01.1986 in accordance with the Government Resolution dated 19.03.1990. It is further averred that as per the Odisha Education (Amendment) Act, 1998, the petitioner would be eligible for placement in the Reader Scale w.e.f. 02.01.1997 subject to fulfilment of requisite conditions to be considered by the screening committee. The Principal of the College was called upon to submit the proposal but no such proposal was received. On such basis, it is stated that the petitioner’s claim for grant of Selection Grade w.e.f. 01.01.1992 is not tenable.

4. The petitioner has filed a rejoinder stating that he was allowed Selection Grade Scale of Pay w.e.f. 02.01.1997. The legality of the amendment of Section 7(C) of the 1998 Act has been questione