Orissa High Court
Dr. Kabir Charan Swain vs State Of Odisha & Others ..... Opposite ... on 19 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.23132 of 2016
Dr. Kabir Charan Swain ..... Petitioner
Mr. S.D. Routray, Adv.
-versus-
State of Odisha & Others ..... Opposite Parties
Mr. C.K. Pradhan, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
19.02.2025
1. This matter is taken up through hybrid mode.
2. Heard Mr. S.D. Routray, learned counsel for the Petitioner and
Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the
Opp. Parties.
3. Memo containing the notification issued by the Utkal University
on 14.04.1984 granting affiliation to the Petitioner-College to open
B.A with 64(sixty four) seats for the academic session 1983-84 so
produced in Court be kept in record.
3. Petitioner has filed the present writ petition inter alia challenging
order dtd.10.11.2016 so passed by Govt.-Opp. Party No. 1 under
Annexure-5. Vide the said order claim of the Petitioner to get the
benefit of UGC scale of pay was rejected only on the ground that the
Petitioner since was brought under the fold of Grant-in-aid
w.e.f.01.06.1991, in view of the decision in the case of State of
Odisha & Anr. Vs. Aswini Kumar Dash & Ors., (1998) 3 SCC 613,
she is not eligible to get the benefit of UGC scale of pay.
4. It is the case of the Petitioner that Petitioner was appointed as
against the post of Lecturer in Sociology vide order of appointment
issued, the Petitioner joined on 02.12.1985 by the Governing Body,
Chandabali College, Chandabali in the district of Bhadrak.
4.1. It is contended that the services of the Petitioner was approved
vide officer order dtd.02.05.1996 under Annexure-1 by holding the
Petitioner entitled to get the benefit of 1/3rd grant w.e.f.01.06.1991.
However, it is contended that as per the decision in the case of
Ashwini Kumar Dash as cited (supra), the consideration to be made
is with regard to whether prior to the cut-off date the College in
question had got the affiliation or not and not the consideration
whether Petitioner got the Grant-in-aid after the cut-off date. The
view expressed by the Hon'ble Apex Court in the case of Aswini
Kumar Dash in Para 13 of the Judgment is reproduced hereunder:-
"13. In the present case the State Government has
decided to provide grants-in-aid to cover the revised UGC
scales of pay for those teachers in existing colleges which have
received Government concurrence and university affiliation on
or before 1-4-1989. The date has a direct nexus with the date
of the decision to provide for such higher pay scales in the
grant-in-aid to be given to the colleges concerned. The date
which is so fixed cannot be considered as arbitrary or
unreasonable. Colleges which have secured Government
concurrence or affiliation from the university after 1-4-1989,
therefore, cannot claim any right to the higher grant-in-aid
contrary to the policy as laid down by the State. The High
Court was, therefore, not right in coming to the conclusion that
the Note to para 2(1) of the government resolution of 6-11-
1990, was arbitrary and unreasonable."
4.2. Placing reliance on the aforesaid decision, Mr. Routray
contended that vide notification issued by the Utkal University on
14.04.1984, the College got the affiliation in respect of the Degree
wing w.e.f. the academic session 1985-86. Since Petitioner was
appointed as against the post of Lecturer in Sociology, vide order of
appointment issued on 02.12.1985, Petitioner in view of the decision
in the case of Aswini Kumar Dash, is eligible and entitled to get the
benefit of UGC scale. But by holding that the Petitioner since has
got the benefit of Grant-in-aid after 01.04.1989, claim of the
Petitioner was rejected vide the impugned order, which is not the
view of the Hon'ble Apex Court in the case of Aswini Kumar Dash.
It is accordingly contended that the impugned order is not
sustainable in the eye of law and it requires no interference.
5. Mr. C.K. Pradhan, learned Addl. Govt. Advocate on the other
hand made his submission basing on the stand taken in the counter
affidavit. It is contended that services of the Petitioner as against the
post of Lecturer in Sociology was approved w.e.f.01.06.1991 vide
order dtd.02.05.1996 so issued by Opp. Party No. 2 under
Annexure-1. Petitioner having been extended with the benefit of
Grant-in-aid after 01.04.1989, in view of the decision in the case of
Aswini Kumar Dash, he is not eligible to get the said benefit, which
has been rightly rejected by the Govt.-Opp. Party No. 1 vide the
impugned order under Annexure-5.
6. Having heard learned counsel appearing for the Parties and after
going through the materials available on record, this Court finds that
Chandabali College, Chandabali in the district of Bhadrak got the
affiliation to impart degree course (B.A.) w.e.f. the academic session
1985-86 vide notification issued by the Utkal University on
14.04.1984 attached to the memo taken in Court today. As further
found from the record, Petitioner was appointed as against the post
of Lecturer in Sociology vide order of appointment issued on
02.12.1985. By the time Petitioner was so appointed, the College in
question had already got the affiliation to impart degree course
(B.A.) w.e.f. the academic session 1985-86.
6.1. In the case of Aswini Kumar Dash, Hon'ble Apex Court has
held that if the College has got Govt. concurrence or University
affiliation after 01.04.1989, then a Lecturer is not entitled to get the
benefit of UGC scale of pay. Since in the present case College got
the affiliation from the Utkal University w.e.f. the academic session
1985-86, which is admittedly prior to the cut-off date 01.04.1989, as
per the considered view of this Court, the rejection of the
Petitioner's claim on the ground indicated in the impugned order
dtd.10.11.2016 under Annexure-5 is not sustainable in the eye of
law.
6.2. Therefore, this Court is inclined to quash the order
dtd.10.11.2016 so passed by the by Govt.-Opp. Party No. 1 under
Annexure-5 and while quashing the same, this Court held the
Petitioner entitled to get the benefit of UGC scale of pay.
Accordingly, this Court while disposing the writ petition, directs
Opp. Party Nos. 1 & 2 to extend the benefit of UGC scale of pay in
favour of the Petitioner from the date he is so entitled and sanction
all the financial benefits as due and admissible within a period of
three (3) months from the date of receipt of this order.
7. The writ petition is disposed of accordingly.
(BIRAJA PRASANNA SATAPATHY)
Judge
Basudev
Location: High Court of Orissa, Cuttack
Date: 21-Feb-2025 19:18:46
