Berhampur University & Another vs Ganesh Chandra Behera And
2021 Latest Caselaw 6336 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.A. Nos.416 and 418 of 2020

                                W.A. No.416 of 2020

            Berhampur University & another ....               Appellants
                                    Mr. M.K. Mishra, Senior Advocate
                                   -versus-
            Ganesh Chandra Behera and          ....        Respondents

others Mr. J. Patnaik, Senior Advocate W.A. No.418 of 2020 Berhampur University & another .... Appellants Mr. M.K. Mishra, Senior Advocate Rajat Kumar Pattanaik and others .... Respondents Mr. J. Patnaik, Senior Advocate Mr. S.P. Das, Advocate

CORAM:

HONOURABLE KUMARI JUSTICE S. PANDA AND HON'BLE MR. JUSTICE S. K. PANIGRAHI Order No. ORDER 11.06.2021

13. 1. Mr. M.K. Mishra, learned Senior Advocate for the appellants and Mr. J. Patnaik, learned Senior Advocate appearing for the respondents are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in presence of learned counsels for the parties, and the order is passed accordingly as follows:-

2. The respondents have served in the higher post of Senior Assistant for the duration of their upgradation to the best of their ability and have discharged higher responsibility which comes attached to the said post. The respondents, subsequently reverted, then once again restored by following a review DPC is not attributable to any fraud or mischief or illegality committed by them. Despite the fact that the present // 2 //

respondents had only challenged the notice dated 31.10.2011 of the appellant University to hold the DPC, the direction by the DPC whereby despite their reinstatement to Senior Assistant, their salary was reduced to the basic minimum scale of pay was grossly incorrect and could not sustain in law. It was unfair and arbitrary. The learned Single Judge has aptly taken note of this subsequent event and moulded the relief claimed to that extent in order to ensure that complete justice was done to the present respondents.

3. Thus, on perusal of the materials available on record, the settled position of law and considering the submissions of learned counsels for the parties herein, we are not inclined to interfere with the impugned judgment and order dated 19.11.2019 passed by the learned Single Judge in W.P.(C) No.29460 of 2011 and W.P.(C) No.30837 of 2011.

4. Accordingly, the Writ Appeals, being devoid of any merit must fail and the same are dismissed. No order as to costs.

5. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a 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 Notice No.4587, dated 25th March 2020.

(S. Panda, J.)

(S. K. Panigrahi, J.)

AKK/LNB/AKP