Dr. Brundaban Patra & Ors vs Union Of India And Others
2023 Latest Caselaw 7119 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 10226 of 2015

            Dr. Brundaban Patra & Ors.              ....                   Petitioners
                                                           Mr. S.C. Samantaray, Adv.
                                               -Versus -
            Union of India and Others             ....              Opposite Parties
                                                 Mr. U.R. Jena, CGC for O.P. No.1
                                                 Mr. J.K. Mishra, Sr. Adv. with Mr.
                                                          P.C. Behera for O.P. No.2
                                                           Mr. B.P. Tripathy, AGA

                         CORAM:
                           JUSTICE SASHIKANTA MISHRA
                                          ORDER_
                                          22.06.2023
Order No.
              1.

This matter is taken up through hybrid mode.

3.

2. Heard Mr. S.C. Samantaray, learned counsel for the petitioners and Mr. U.R. Jena, learned Central Government Counsel for O.P. No.1 and Mr. J.K. Mishra, learned Senior Counsel along with Mr. P.C. Behera for opposite party No.2-UGC.

3. The petitioners have approached this Court with the following prayer:-

"The petitioners, therefore, pray that this Hon'ble Court would graciously be pleased to issue Rule Nisi calling upon the Opp. Parties to show cause as to why the order dated 04.02.2015 passed by the opposite party no.3 under Annexure-18 shall not be quashed and as to why the petitioners shall not be provided with the scale of pay as is admissible under the University Grant Commission guidelines w.e.f. 01.01.1986 and revised scale of pay from 01.01.1996.

If the Opp. Parties fail to show cause show insufficient cause the said Rule be made absolute. And/or pass such other writ(s), order(s), direction(s) this Hon'ble Court deems fit and proper in the facts and

circumstances of the case in order to provide complete relief to the petitioners.

And for which act of kindness, the petitioner shall as in duty bound ever pray."

4. The petitioners were working as Demonstrators in different Colleges of the State. They claim extension of UGC scale of pay.

5. In course of hearing, it is stated at the bar that similar matter was dealt with by a Division Bench of this Court in the case of Samarendra Nayak and others vs. Union of India and others [(W.P.(C) No.26692 of 2011)] decided on 18.04.2022. A copy of the judgment is furnished by learned counsel for the petitioners. It further appears that the said matter was carried to the Supreme Court of India in SLP(C) No. 22626 of 2022, which was dismissed. Copy of the order passed by the Supreme Court of India is also furnished by learned counsel for the petitioners. Since both parties agree that the matter is squarely covered by the Division Bench judgment, the writ petition is disposed of in terms of the order dated 18.04.2022 passed by this Court in W.P.(C) No. 26692 of 2011.

(Sashikanta Mishra) Judge

A.K. Rana

Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: PERSONAL ASSISTANT Reason: Authentication Location: HIGH COURT OF ORISSA Date: 22-Jun-2023 17:09:51