Orissa High Court
Dr. Dhirendra Kumar Dalai vs State Of Odisha & Ors. .... Opposite ... on 27 November, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos. 36285, 36824, 38601, 38603, 41025,
36765, 36816, 36818, 36819, 36820, 36821, 36822, 36825,
36836, 36838, 36839, 36989, 37000, 37644, 37650, 37656,
38476, 38477, 38478, 38479, 38480, 38481, 38482, 38483,
38484, 38485, 38486, 38487, 38589, 38590, 38591, 38592,
38594, 38596, 38597, 38598, 38599, 38600, 39295, 39297,
39298, 39299, 39301, 39302, 39305, 39306, 39309, 39310,
39313, 39320, 39747, 39748, 39749, 39750, 39751, 39752,
39753, 39754, 39755, 39756, 39757, 39758, 39759, 39760,
39761, 39762, 39763, 39764, 39765, 39907, 39908, 39909,
40607, 40608, 40610, 40611, 40613, 40615, 40616, 40618,
40619, 40622, 40627, 41022, 41028, 41032, 41035, 41130
& 41143 of 2021 and W.P.(C) Nos. 939, 1031, 1034,
1036, 1048, 1050, 1053, 1288, 1289, 1930, 5058, 5060,
5064, 5066, 5068, 5071, 5075, 5080, 5483, 6559, 6565,
6572, 6575, 6577, 6584, 6588, 6591, 6595, 6598, 6602,
6605, 21738, 1030, 1924, 1926, 1928, 1932, 1934, 1936,
1937, 1955, 1958, 1960, 1962, 1963, 1965, 1967, 1989,
13185, 13186, 6569 & 6579 of 2022
W.P.(C) No. 36285 of 2021
In the matter of an application under Articles 226 & 227 of the
Constitution of India.
..................
Dr. Dhirendra Kumar Dalai .... Petitioner
-versus-
State of Odisha & Ors. .... Opposite Parties
For Petitioners : Mr. B. Routray, Sr. Advocate
along with
Mr. J. Biswal, Advocate
For Opp. Parties : Mr. P.K. Panda,
Addl. Standing Counsel
// 2 //
PRESENT:
THE HON'BLE JUSTICE BIRAJA PRASANNA SATAPATHY
---------------------------------------------------------------------------------------
Date of Hearing: 27.11.2024 & Date of Order: 27.11.2024
---------------------------------------------------------------------------------------
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Since the issue involved in all these cases are identical, all the matters are heard analogously and disposed of by the present common order. Notification dt.30.09.2021 so issued by the Department produced in Court along with a memo be kept on record.
3. Heard Mr. B. Routray, learned Sr. Counsel appearing for the Petitioners along with Mr. J. Biswal and Mr. P.K. Panda, learned Addl. Standing Counsel appearing for the Opp. Parties.
4. The present batch of writ petitions have been filed inter alia with the following prayer:-
"It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to
i) Admit the writ application.
ii) Call for the record.
iii) Issue a writ in the nature of mandamus or any other writ/writs, direction/directions directing the opposite parties to place the petitioner from Associate Professor to the Scale of Professor under Page 2 of 10 // 3 // the Career Advancement Scheme in terms of the UGC Notification on Revision of Pay Scales, minimum Qualification for Appointments of Teachers in Universities, Colleges & Other measures for the Maintenance of Standards, 1998" under Annexure-7 and the consequential notification dated 31.12.1999 (Govt. of Orissa Notification on Revised U.G.C. Scales of Pay) under Annexure- 8 from the date of completion of 8 years of service as an Associate Professor.
iv) And accordingly the pensionary benefit be extended to the petitioner in the Scale of Professor from the date of his superannuation with all consequential service and financial benefit which the petitioner is entitled in the Professor Scale as has been done in cases of 76 Associate Professor vide notification dated 17.09.2021 under Annexure-6 within a reasonable time to be stipulated by this Hon'ble Court.
v) And/or pass such other order/orders, direction/directions as this Hon'ble Court may deems fit and proper for ends of justice.
And for the said act of kindness, the petitioner as in duty bound shall ever pray."
5. Learned counsel appearing for the Petitioners contended that the claim as made by the Petitioners to place them from Associate Professor to the scale of Professor under Career Advancement Scheme is required to be considered in terms of the notification so issued on 24.12.1998. Placing reliance on the said notification learned Sr. Counsel appearing for the Petitioners contended that the stipulation contained in the said notification is to apply to the Petitioners who were working as Associate Professor/Reader in different Colleges of the State. Para 1.0 of the notification dtd.24.12.1998 reads as follows:- Page 3 of 10
// 4 // "1.0 These shall apply to every University established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated college recognized by the Commission, in consultation with the concerned University under Clause (f) of Section 2 of the University Grants Commission Act, 1956, and every institution Deemed to be a University under Section 3 of the said Act."
5.1. Similarly placing reliance on the stipulation contained under Para 7.0.0, which deals with Career Advancement read with Para 7.1.13, it is contended that a Reader with a minimum of eight years of service in that grade will be eligible to be considered for appointment as a Professor.
5.2. It is contended that Petitioners in the present batch of cases have the required years of service to get the benefit of scale of pay of Professor under Career Advancement Scheme. Placing reliance on the resolution issued by the Govt. in the Department of Higher Education on 31.12.1999, it is contended that Govt. in the said Department has accepted the notification issued by the University Grants Commission on 24.12.1998. Para 2 & 3 of the said resolution reads as follows:-
"2 The Government of India after considering the various recommendations of the U.G.C. on revision of Pay Scales of University and College Teachers, communicated their decision to State Government in their letter No. F.1-22/97- UI. dt.27.07.98 and requested to implement the scheme in the state after taking local conditions into consideration, and with all Page 4 of 10 // 5 // conditions to be laid down in this regard by the U.G.C. by way of Regulations. Accordingly U.G.C. has communicated their Notification on "Revision of Pay Scales, minimum qualifications for appointment of teachers in Universities and Colleges and other measures for the maintenance of standards, 1998" in their letter No. F.3-1/94 (PS; dated 24 12.98 and requested to implement the same for Universities and Colleges.
3. The question of Revision of Pay Scales for University and College Teachers on the basis of the recommendations of Government of India and the U.G.C. was under consideration of Government for some time past. After careful consideration the State Government has been pleased to implement the Scheme of Revision of Pay Scales for University and College Teachers with the following terms and conditions."
5.3. It is also contended that the guideline issued by the University Grants Commission vide notification dtd.24.12.1998 under Annexure- 7 so accepted vide Resolution dtd.31.12.1999 has been accepted by this Court in its Judgment dtd.13.11.2024 in W.P.(C) No. 36125 of 2023 & batch. View of this Court so reflected in Para 12.2 of the Judgment reads as follows:-
"12.2. It is also found that subsequent to the resolution issued under Annexure-A/3 on 25.07.1989 while issuing the resolution dt.31.12.1999 under Annexure-11, the prescribed qualification for recruitment to the post of Lecturer is Master's Degree with 55% mark and qualification of NET and/or PH.D. As further found from Para 4.5 (b) of the resolution issued under Annexure-11, State Government has accepted to implement the guideline issued Page 5 of 10 // 6 // by the Commission with regard to the minimum qualification for appointment of teachers in Universities and Colleges."
5.4. Learned Sr. Counsel appearing for the Petitioners contended that in terms of the notification issued by the University Grants Commission on 24.12.1998 so accepted by the Govt. in its resolution dtd.31.12.1999, OPSC concurred With the proposal of the Govt. for promotion of similarly situated Associate Professor to the rank of Professor and vide Notification No. 39664 dtd.30.09.2021 of the Govt. such benefit was extended.
5.5. Placing reliance on the information provided by the Department under RTI, learned Sr. Counsel appearing for the Petitioners contended that all those 76 persons who were given the benefit of promotion to the rank of Professor got the said benefit under the Career Advancement Scheme. Such information was provided by the Department vide letter dtd.19.04.2023 under Annexure-B so enclosed to the affidavit filed by the Petitioners.
5.6. It is contended that persons similarly situated have got the benefit of Professor scale of pay under Career Advancement Scheme vide notification dtd.30.09.2021 and some of the Associate Professors who have got the benefit vide Notification dtd.30.09.2021 are retired Associate Professors. It is accordingly contended that since the benefit Page 6 of 10 // 7 // under Career Advancement Scheme has been extended in favour of similarly situated Associate Professors by the Department vide notification dtd.30.09.2021, which has been confirmed while providing the information under the RTI vide letter dtd.19.04.2023, claim of the Petitioners as made in the present batch of writ petition is required to be considered, being similarly situated.
6. Mr. P.K. Panda, learned Addl. Standing Counsel on the other hand placing reliance on the stand taken in the counter affidavit contended that benefit of promotion as claimed in the present batch of writ petition is to be considered as per the provisions contained under Odisha Education Service (Professor's Grade) Recruitment Rules, 1990. Petitioners were also extended with the benefit of promotion to different rank in terms of the provisions contained under 1990 Rules. However, the 1990 rules so framed was superseded by Odisha Education Service (College Branch) Recruitment Rules, 2020. Promotion effected in favour of 76 nos. of Associate Professors vide Notification dtd.30.09.2021 was covered and in terms of the provisions contained under 2020 rules.
6.1. It is contended that the notification issued by the UGC on 24.12.1998 since has not yet been accepted by the Govt. for its Page 7 of 10 // 8 // implementation, Petitioners cannot get the benefit in terms of the said notification.
6.2. It is contended that the resolution issued by the Govt. in the Department of Higher Education on 31.12.1999 is only with regard to revision of pay scale and the minimum qualification prescribed for appointment of teachers in the University and Colleges and the sad resolution is not applicable to the case of the Petitioners. It is vehemently contended that the notification issued by the UGC on 24.12.1998 since has not been accepted to be implemented by the State Govt., claim of the Petitioners to get the benefit in terms of the said notification is not entertainable.
7. To the submission made by the learned Addl. Standing Counsel, Mr. Routray, learned Sr. Counsel appearing for the Petitioners contended that since in terms of the notification issued by the UGC so accepted by the Govt. in its resolution dtd.31.12.1999, similarly situated Associate Professors have got the benefit of Professor scale of pay vide Notification dtd.30.09.2021 under Career Advancement Scheme, so accepted vide letter dtd.19.04.2023, Petitioners being similarly situated are also eligible and entitled to get the similar benefit.
Page 8 of 10
// 9 //
8. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that the present batch of writ petitions have been filed inter alia with the prayer to consider the claim of the Petitioners to get the benefit of the Professor scale of pay under Career Advancement Scheme. Such a claim has been made basing on the notification issued by the UGC on 24.12.1998 and the acceptance of the said resolution by the Govt. in the Department of Higher Education vide resolution dtd.31.12.1999. 8.1. Though it is the stand of the Opp. Parties that the notification issued by the UGC on 24.12.1998 has not been accepted by the Govt. as yet and the resolution dtd.31.12.1999 is on a different context, but this Court after going through the benefit extended in favour of similarly situated Associate Professors vide Notification dtd.30.09.2021 and the information provided under RTI vide letter dtd.19.04.2023, is of the view that benefit of promotion to the rank of Professor has been extended in favour of the Associate Professors vide notification dtd.30.09.2021 under the Career Advancement Scheme. 8.2. Therefore, this Court while disposing the writ petition, directs Opp. Party No. 1 to consider the claim of the present Petitioners to get the benefit of Professor scale of pay under Career Advancement sheme. It is observed that while taking such a decision, benefit Page 9 of 10 // 10 // extended in favour of similarly situated Associate Professors vide Notification dtd.30.09.2021 and the information provided by the Department vide letter dtd.19.04.2023 to the effect that such benefit has been extended under Career Advancement Scheme be taken into consideration in its proper perspective. Opp. Party No. 1 is directed to take a decision on the claim of the Petitioners within a period of three (3) months from the date of receipt of this order.
9. All the writ petitions are accordingly disposed of.
Photocopy of the Order be placed in the connected case records.
(BIRAJA PRASANNA SATAPATHY) Judge Orissa High Court, Cuttack Dated the 27th November, 2024/Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Nov-2024 11:49:16 Page 10 of 10