Orissa High Court
Unknown vs 2 12.11.2020 This Matter Is Taken Up ... on 12 November, 2020
Author: Biswanath Rath
Bench: Biswanath Rath
W.P.(C) NO.29617 OF 2020
2 12.11.2020 This matter is taken up through Video
Conferencing.
Heard Sri S.B.Jena, learned counsel for the
petitioner and Sri P.K.Parhi, learned Assistant Solicitor
General of India appearing for the O.Ps. Extra copies of the
brief be served on him.
The petitioner has the following prayer :-
"Under the abovementioned facts and
circumstances of the case, this Hon'ble Court may
graciously be pleased to issue a writ of mandamus or
any other appropriate writ/writs directing the
opp.parties more particularly opp.party nos.1 sand 3
for consideration of scale of pay as recommended by
the anomaly committee against Lecturer in Computer
Engineering in the field of engineering created in 2005
with scale of pay Rs.8000/- 13500/- as per
Central/AOICTE which was subsequently revised to
Pay Band (PB) Rs.15,600-39100/- and Grade Pay
(GP) Rs.5400/-. In addition to that of prescribed
AICTE as well as UGC.
And further be pleased to direct the
Opposite Parteis specifically Opposite Party No.3 and
to revise the scale of pay of the petitioner in the post
of Lecturer Gr-II (Mechanical Engineering) with scale
of pay of Pay Band (PB) Rs.15,600-39100/- and
Grade Pay (GP) Rs.5400/- with effect from 1st January
2006 which is entry level scale of pay of similarly
situated post of Lecturer in Computer Engineering
and subsequent benefit like change of designation
with effect from 2010 as per Central
Govt./UGC/AICTE norms and all arrears
retrospectively within a time stipulated by this
Hon'ble Court.
And further pleased to direct the Opposite
Parties to allow the petitioner to get Assured Career
Progression (ACP) in the next higher grade as per
cadre prescribed for the post of teaching staff in the
field of engineering as per Central
Govt./AICTE/University Norms C/o.Department of
Higher Education, Ministry of HRD, Govt. of India..."
m
2
Based on the materials available on record, a
request is being made by the petitioner to issue a direction
to O.P.4 to forward the case of the petitioner to O.P.2.
Therefore, in disposal of the writ petition, O.P.4 is
directed to forward the claim of the petitioner to O.P.2, who
shall take a decision as appropriate on the same but
however taking into consideration the materials available on
record and the plea taken in the writ petition so also taking
into consideration Annexure-10. This Court has not
expressed any opinion on merit of the case.
The petitioner may utilise the soft copy of this
order available in the High Court's website or print out
thereof at par with certified copy in the manner prescribed,
vide Court's Notification No.4587 dated 25.3.2020.
..............................
Biswanath Rath, J.