The court held that the Odisha Education Service (Recruitment) Rules, 1990 govern the Petitioners' eligibility for higher scales, rather than the later rules, as they had become eligible for placement prior to the enactment of the 2014 Rules.

JUDGMENT :

Sashikanta Mishra, J.

Both the Petitioners seek to challenge the legality and correctness of the order dated 26.06.2018 passed by the Director of Higher Education, Odisha in rejecting their claim for grant of higher scale with effect from their dates of joining. The petitioners have specifically claimed the following relief:

“In the above facts, circumstances and contentions, this Hon’ble Court may graciously be pleased to direct the State-opposite parties to promote the petitioner no. as a Senior Lecturer and Reader with effect from 8.9.1997 and 8.9.2005 respectively and for the petitioner no.2 with effect from 1.9.1997 (Senior Lecturer) and 1.9.2002 (Reader) with consequential service benefits including financial benefits like other counterparts Government in the Colleges

And further would be pleased to quash the order dated 26.6.2018 vide Annexure-10 to the writ petition.

And further would be pleased to pass any other order(s) as may deem think and proper as per the circumstances of the case.”

2. The facts of the case lie in a narrow compass though the parties have put forth extensive pleadings, all of which need not be referred to in detail. It would suffice for the purpose of determining the controversy involved by noting only the relevant facts, most of which are, in any case, not in dispute.

3. The petitioner No.1 joined as Lecturer in Physics in Kishorenagar College, an Aided Educational Institution within the meaning of Section 3 of Odisha Education Act with effect from 08.09.1989 against the first post which became admissible from 01.06.1989. Petitioner No.2 joined as Lecturer in Chemistry also against the first post in the same college. Both of them came under the grant-in-aid fold with effect from 01.06.1995, though according to them, it should have been from 01.06.1994. The College was accorded temporary concurrence by the Government to open +2 Science stream from 01.06.1989. After formulation of the Grant-in-aid Order, 1994, the petitioners received grant-in-aid at the rate of 1/3rd of the admissible salary cost with effect from 01.06.95, at the rate of 2/3rd with effect from 01.06.97 and full salary cost with effect from 01.06.1999 after completion of five, seven, nine years respectively. It is the claim of petitioner No.1 that he should be placed as Senior Lecturer with effect from 08.09.1997 and as Reader with effect from 08.09.2005. The claim of the petitioner No.2 is that he should be placed as Senior Lecturer with effect from 01.09.1997 and as Reader from 01.09.2002. Such claim is on the premise that they should be granted the benefits as claimed after completion of eight years as Lecturer and 10 years as Reader calculated from the dates of joining that is 01.06.1989. Since the claim as above was not considered by the authorities, the Petitioners approached this court by filing a Writ Petitioner being W.P (C) No. 20594 of 2017. By order dated 7.12.2017 a single judge of this court disposed of the writ application granting liberty to the Petitioners to file fresh representation before the Director, Higher Education, Odisha, who was directed to take a decision in accordance with law. Pursuant to such direction, the petitioners filed a detailed representation before the Director and were also heard in person. By order dated 26.6.2018, the Director rejected the claim of the petitioners on the ground that they had been placed as Senior Lecturer with effect from 01.06.2007 taking into account receipt of full GIA with effect from 01.06.1995 as per Rule 4 (b) of Odisha Non-Government Aided College Lecturers (Placement) Rules, 2014 (for short “2014 Rules”). It is further stated that the P