Rajkishore Samantray vs State Of Odisha And Others
2023 Latest Caselaw 6275 Ori

                              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  W.P.(C) No. 782 of 2023

             Rajkishore Samantray                         .....                                 Petitioner
                                                                               Mr. S. Behera, Advocate
                                                          Vs.
             State of Odisha and others                   .....                          Opposite Parties
                                                                                          State Counsel
                                CORAM:
                                   DR. JUSTICE B.R. SARANGI
                                                                  ORDER

17.05.2023

Order No. I.A. No. 5055 of 2023

This matter is taken up through hybrid mode.

2. This application has been filed for modification of the order dated 16.01.2023.

3. Learned counsel for the petitioner contended that though the petitioner is working as Demonstrator in Geography Department, SCS Autonomous College, Puri and the same has been reflected in paragraph-3 of the order dated 16.01.2023, however, in paragraphs 5 and 6 the same has been inadvertently typed as Demonstrator in Education, Bhadrak (Auto) College, Puri. Therefore, he prays for necessary correction in paragraphs-5 and 6 of the order dated 16.01.2023.

4. Considering the contentions made by learned counsel for the petitioner in the I.A., the order dated 16.01.2023 passed in this writ petition is hereby recalled and a fresh order incorporating necessary correction is passed today.

Signature Not Verified
Digitally Signed                5.

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA The I.A. stands disposed of.

Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 18-May-2023 11:18:38 (DR. B.R. SARANGI,J)

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 782 of 2023

Rajkishore Samantray ..... Petitioner Mr. S. Behera, Advocate Vs.

State of Odisha and others ..... Opposite parties State Counsel CORAM:

DR. JUSTICE B.R. SARANGI

ORDER 17.05.2023

Order No. This matter is taken up through hybrid mode.

2. Heard.

3. The petitioner, who was working as Demonstrator in Geography Department, SCS Autonomous College, Puri, has filed this writ petition claiming UGC scale of pay asper letter of UGC dated 27.07.1998 and letter of Government dated 12.04.1999 and grant of consequential benefits within a stipulated period.

4. Mr. S. Behera, learned counsel for the petitioner contended that similar matters were considered by this Court in OJC Nos. 1088 of 2000 and 13156 of 1998, which were 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 Geography Department, SCS Autonomous College, Puri, 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 Geography Department, SCS Autonomous College, Puri 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, he 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.

Ashok                                      (DR. B.R. SARANGI, J.)