Directly recruited university teachers are entitled to higher pay scales without a five-year service requirement, as per UGC Regulations superseding earlier rules.

ORDER :

S. Muralidhar, CJ.

1. At the outset, Mr. Dayananda Mohapatra, learned counsel appearing for the Utkal University clarifies that the Utkal University is withdrawing the counter affidavit, which has been filed in W.A. No.187 of 2018 and is adopting the affidavit filed by it in W.A. No.186 of 2018 for W.A. No.187 of 2018 as well.

2. The challenge in the present writ appeals is to a judgment dated 22^nd March 2018, of the learned Single Judge dismissing the Appellants’ respective W.P.(C) Nos.1260 and 1261 of 2018.

3. The background facts are that the Appellants are directly recruited Readers in the Utkal University pursuant to an advertisement published on 22^nd June, 2015. Both the Appellants applied pursuant to the advertisement issued on 22^nd June 2015, by the Registrar, Utkal University and were directly appointed as Readers in the scale of pay of Rs.15600-39,100+ Rs.8,000 AGP. The question that arose for consideration in the writ petitions was whether the Appellants were entitled to the scales of pay as determined by the University Grant Commission (UGC) Regulation of 2010?

4. It must be noticed at the outset that the aforementioned UGC 2010 Regulation came into force with effect from 18^th September 2010, superseding the earlier Regulations of 2000. As far as Odisha is concerned, by notification dated 15^th February, 2010 pursuant to Section 22 (1) of the Orissa Universities Act, 1989, the Orissa Revised Scales of Pay for University Teachers (UGC scale of pay) Rules, 2010 [‘the 2010 Rules’] were framed and were deemed to have come into force on 1^st January, 2006. Rule 7 of the 2010 Rules are relevant for the purposes of the present appeals and reads as under:

"7. Fixation of initial pay in the revised pay structure-

(1) The initial pay of a teacher who elects, or is deemed to have elected under sub-rule (3) of Rule 6 to be governed by the revised pay structure on and from the 1^st day of January, 2006 shall, unless in any case the Governor by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien, if it had not been suspended, and in respect of his pay in the officiating post held by him in the following manner, namely:-

(i) the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on the 1^st January 2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10;

(ii) if the minimum of the revised pay band/pay scale is more than the amount arrived as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale or as specified in the Tables 1 to 6 annexed to these rules.

(iii) Fixation of pay of Readers who were selected strictly in accordance with the rules and regulation framed by UGC and who were in the post of Readers and have completed 5years of service after 1^st day of January, 2006, their pay will be fixed at the minimum of Rs.37,400.

NOTE 1- Where in the existing emoluments exceed the revised emoluments in the cases of any teacher, the difference shall be allowed as personal pay to be observed in future increases in pay.

NOTE 2- Where in the fixation of pay under sub- rule (1) the pay of a teacher who in the existing scale was drawing immediately before 1^st day of January 2006 more pay than another teacher junior to him in the same grade in the cadre he belongs gets fixed in the revised pay band at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised pay band a