A government department cannot withdraw previously sanctioned benefits without legal basis, especially when qualifications required for those benefits are met.

JUDGMENT :

Biraja Prasanna Satapathy, J.

1. The present Writ Petition has been filed challenging the communication dated 07.01.2015 issued by the Government of Odisha, Department of Higher Education, in withdrawing the earlier letter issued by the Department vide Letter No.17900 dated 05.08.2014 and with a further prayer to allow the Petitioner to continue with the benefit so extended in his favour under Rule-4(3) of the Orissa Education Service (College Branch) Recruitment Rules, 1990.

2. The factual backdrop giving rise to filing of the present writ petition is that the Petitioner was initially appointed as a Junior Lecturer in History vide order dated 03.06.1999 basing on the recommendation made by the Orissa Public Service Commission. Pursuant to the said order, the Petitioner joined as such on 09.06.1999. The Petitioner was so appointed as a Jr. Lecturer in terms of the relevant recruitment rules prevalent at the relevant time, i.e. Orissa Education Service (Higher Secondary Branch) Methods of Recruitment and Conditions of Service Rules, 1991. But, the 1991 rules was subsequently repealed with introduction of a new rule i.e. Orissa Education Service State’s Scale of pay (Methods of Recruitment and Conditions of Service) Rules, 2009.

2.1. The Petitioner subsequently was promoted as a Lecturer in Group-A in terms of Rule-3(B) of the 2009 rules on 26.11.2009. While the matter stood thus, basing on the amendment carried out to Orissa Education Service (College Branch) Recruitment Rules, 1990, which came into force w.e.f. 15.09.2012, the Petitioner in terms of Rule-3-A of the amended rules vide notification dated 26.12.2012, under Annexure-1 was placed as a Lecturer under Orissa Education Service (College Branch) cadre in the scale of pay of Rs.15,600/- to 39,100/- with AGP Rs.6,000/- w.e.f. the date of mentioned against his name i.e. 15.09.2012.

2.2. Thereafter, Government in the Department of Higher Education in modification of its earlier communication issued on 25.04.2014 issued a notification on 05.08.2014 proposing grant/sanction of advance increments in favour of Junior Lecturers/ Lecturers (State Scale)/ Readers (State Scale) after their placement to the post of Lecturer (College Branch) for possessing/acquiring the Ph.D or M. Phil Degrees before their entry into College Branch. As provided under the said notification under Paragraph-3(i), Junior Lecturers/Lectures/Readers (State Scale), who were brought over to the post of Lecturers in College Branch on or after 15.09.2012 became entitled to three or one advance increments for possessing higher qualifications like Ph. D or M. Phil Degrees in the concerned discipline along with the benefit of corresponding years of service for the purpose of promotion to next higher grades as per the provisions of Rule-4(3) of the Orissa Education Service (College Branch) Recruitment Rules,1990.

2.3. Since the Petitioner who had acquired the Ph.D, the result of which was published during the month of April, 2010, he was sanctioned with three advance increments in terms of the notification issued by the Department on 05.08.2014 vide Anneure-2/A. But subsequently when the impugned notification dated 07.01.2015 was issued under Annexure-3 by withdrawing the letter issued on 05.08.2014 under Annexure-2/A and with a request to the principal to the college to recover the excess payment extended in faovur of the Petitioner and similarly situated Lecturers, the matter was challenged before the Tribunal in O.A. No.745(C)/2015. The Tribunal while issuing notice of the matt