Disposed

Dr. Banarji Behera v. State of Odisha

Orissa HC16 Mar 2023WP(C)/5616/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking fixation of his pay scale and consequential benefits based on UGC Regulations and Orissa Rules. The Court granted liberty to file a detailed representation before the State within three weeks to determine the claim.

What did the court decide?

Liberty granted to file detailed representation within three weeks; matter disposed upon directions for representation.

Dr. Banarji Behera Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.5616 of 2023

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Dr. Banarji Behera

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…. Petitioner

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-versus-

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State of Odisha & Others

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…. Opp. Parties

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

Order

16.03.2023

1. 1. This matter is taken up through Hybrid

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Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

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3 . The Petitioner has filed the present Writ Petition with the following prayer:-

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“Under the above mentioned facts and circumstances of the case, this Hon’ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ/writs directing the opp. parties to fix the scale of pay of the petitioner in Pay Band-4[Rs.37400-67000 plus with an Academic Grade Pay (AGP) of Rs.9000/-] as per Clause-4.3.0 read with Appendix-III, TableII (c) of the University Grants Commission Regulation on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measure for the maintenance of Standards in Higher Education, 2010 (herein referred to as UGC Regulation 2010) and its subsequent amendments of 2013 and 2016, read with clause-(iii) of SubRule-7(1) of Orissa Revised Scales of Pay for University Teachers (UGC Scale of Pay) Rules, 2010 (herein referred to as Orissa Rules, 2010), presently at Academic Level-13A (7^th pay) as per ORSPUT Rules, 2019 from the date of his joining at Sambalpur University.

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// 2 //

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And further be pleased to direct the Opp. parties to grant him all consequential and service benefits including arrears within one month along with 7% per annum interest to be calculated from the date of joining so as to maintain inter-seseniority.

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Or pass any other order/orders as this Hon’ble Court may deem think fit and proper.”

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4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.2 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

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5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. It will be considered in the light of the judgment passed by this Court under Annexure-18 in W.A. Nos.186 & 187 of 2018, if the same is applicable to the facts of the present petitioner’s case. The order so passed by the Opp. Party No.2 be communicated to the petitioner.

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6. With the aforesaid observation and direction, the Writ Petition is disposed of.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Dr. Banarji Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr. Banarji Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

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