Orissa High Court
Bijayalaxmi Das vs State Of Odisha And Others on 3 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 36218 of 2022
Bijayalaxmi Das ..... Petitioner
Mr. S. Mohanty, Advocate
Vs.
State of Odisha and others ..... Opposite parties
Mr. S. N. Nayak, ASC
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
03.01.2023
Order No. This matter is taken up through hybrid mode.
2. Heard.
3. The petitioner, who was working as Demonstrator in Zoology in
Government Women's College, Keonjhar has filed this writ petition claiming
UGC scale of pay of Rs.1740-3000/- and subsequent scale of pay of Rs.2200-
4000/- as per the decision of the Government of India, after reaching at the stage
of Rs.2700/- w.e.f. 01.01.1986 and further revised scale of pay as introduced by
the UGC with corresponding scale of pay of Rs.5500-9000/- (Rs.1740-3000) and
Rs.8000-13500/-(Rs.2200-4000/-) within a stipulated period.
4. Learned counsel for the petitioner contended that a similar matter was
considered by this Court in OJC Nos. 1088 of 2000 and 13156 of 1998, which
have been disposed of vide judgment dated 30.09.2011 and, thereby, the
petitioner, having stood in the same footing, is entitled to get the same relief.
5. Learned Additional Standing Counsel for the State contended that the
judgment, which has been referred to, relates to the Demonstrators of Utkal
University, whereas the petitioner was working as Demonstrator in Zoology in
Government Women's College, Keonjhar and, thereby, the said judgment does
not apply to the petitioner.
6. Considering the contentions raised by learned counsel for the parties and
after going through the records, this Court finds that the petitioner was working as
Demonstrator in Zoology in Government Women's College, Keonjhar and the
question of grant of UGC scale of pay was considered by a Division Bench of this
Court in OJC Nos. 1088 of 2000 and 13156 of 1998 (General Secretary, Utkal
University Demonstrators' Association v. Utkal University and others) and this
Court disposed of the said writ petitions with the following directions:-
"In view of the above, this Court comes to the conclusion that since
the U.G.C. has approved the pay scale of Demonstrators/Tutors,
they shall be given financial benefits as admissible to them.
Accordingly, the writ petition is allowed. It is directed that the pay
scale of the members of the petitioners' Association will be fixed
notionally and annual increment will be allowed till 01.01.1986, but
no financial benefit will be given from 01.01.1986 to 01.01.1996. It
is further directed that the scale of pay of the Tutors i.e. Rs.1740-
3000/- and the scale of pay of Demonstrators Rs.2200-4000/-, who
have reached at the stage of Rs.2700/-, shall be fixed w.e.f.
01.01.1986. It is further directed that the employees are also entitled
to get revised scale of pay introduced by the UGC w.e.f. 01.01.1996
with the corresponding pay scale of Rs.5500-9000/- (1740-3000)
and Rs.8000-13500/- (2200- 4000). It was brought to our notice that
the Demonstrators are being paid a consolidated salary of Rs.7500/-
. We direct that their pay scale will be revised as per the direction of
this Court within three months and the differential salary be
disbursed in their favour."
7. As such, pursuant to the above judgment, benefits have been
extended to the petitioners therein and since the present petitioner is similarly
situated with them, she should not be discriminated. Therefore, this Court
disposes of this writ petition directing the opposite parties to extend the benefits
to the petitioner in terms of the judgment passed by a Division Bench of this
Court in General Secretary, Utkal University Demonstrators' Association
(supra) as expeditiously as possible, preferably within a period of three months
from the date of communication of this order.
(DR. B.R. SARANGI)
Arun JUDGE
