Denial of advance increments based on alleged lack of prior approval violates principles of fairness; similarly circumstanced individuals were granted benefits, constituting discrimination under Article 14.

JUDGMENT :

B.R. SARANGI, J.

The petitioner, who was working as Junior Engineer, has filed this writ petition challenging denial of two advance increments, which he is entitled to, in view of resolution dated 14.04.2008 of the Government of Orissa in Finance Department for acquisition of higher qualification.

2. The factual matrix of the case, in brief, is that the petitioner, being a Diploma Holder in Civil Engineering, was appointed as Junior Engineer under the Water Resources Department and joined in the said post in October, 1992. The petitioner was initially posted at Kalimela Irrigation Division. Thereafter, the services of the petitioner were placed under the Panchayati Raj Department in the year, 1994. From that date, he was discharging his duty under the Panchayati Raj Department having lien with the Water Resources Department. Therefore, the petitioner is a regular employee of the Water Resources Department. While working at different places as Junior Engineer under the Panchayati Raj Department, the petitioner was posted at Kania under opposite party no.4. The petitioner sought permission on 29.04.2004 for taking admission in B.Tech (Civil Engineering) at OIEM, Angul Study Centre under JRN Rajastan Vidyapitha (Deemed) University in distance education mode, and also for computer education, which was accepted by the authority on 02.02.2005. The authorities also permitted the petitioner to go for higher studies. After the petitioner acquired the higher degree, as per the Government of Orissa in Finance Department resolution dated 14.04.2008, he was entitled to get two advance increments for having degree qualification under ORSP Rules, 1998. As per the said resolution, two advance increments will have to be made available from the date of award of such degree or with effect from 01.04.2008 whichever is later. More so, the proposal for grant of advance increments should be disposed of at the level of the concerned Administrative Department. Even though the petitioner acquired the B.Tech (Civil Engineering) from the Deemed University under the University Grants Commission on distance mode, the petitioner has not been extended with two advance increments, as per the resolution passed by the Government. Therefore, he has approached this Court in the present writ petition.

3. Mr. D.N. Rath, learned counsel for the petitioner contended that the petitioner though acquired higher qualification by taking due permission and in terms of the resolution of the Government he is entitled to get two advance increments, but he has been denied such benefits on the plea that he had not received prior permission from the competent authority and as per the clarification of AICTE also the benefit is not admissible to him. It is further contended that the petitioner had been granted permission, vide letter dated 02.02.2005 in Annexure-7, and, as such, there is also no requirement to receive AICTE approval of the institution from which he has prosecuted his studies, in view of the letter dated 17.02.2004 of the Government of India, Ministry of Human Resources Development, Department of Secondary and Higher Education. More so, this question has no more remained res integra, in view of the judgment passed by this Court in Bairagi Charan Nayak v. State of Orissa (W.P.(C) No. 12566 of 2005 and batch disposed of on 24.09.2012). Therefore, it is contended that denial of benefit of grant of two advance increments, being illegal, arbitrary and contrary to the settled position of law, cannot be sustained. As such, the petitioner seeks direction to the opposite parties to ext