Petitioner sought fixation in Pay Band-4 and consequential benefits under UGC Regulations and Orissa Rules. Court granted liberty to make representation and directed opposite party to decide within three months before disposing the petition.
Liberty granted to make representation; direction to Opp. Party No.2 to decide within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5625 of 2023
Dr. Ram Naresh Mahaling
…. Petitioner
-versus-
State of Odisha & Others
…. Opp. Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order
09.03.2023
No
1. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.
3 . The Petitioner has filed the present Writ Petition with the following prayer:-
“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 (7th pay) as per ORSPUT Rules, 2019 from the date of his joining at Sambalpur University.
// 2 //
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.
Or pass any other order/orders as this Hon’ble Court may deem think fit and proper.”
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.
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.
6. With the aforesaid observation and direction, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy) Judge
Basudev
Page 2 of 2
3 issues framed by the court
Whether the petitioner is entitled to fixation in Pay Band-4 with Academic Grade Pay as per UGC Regulations and subsequent Orissa Rules.
Whether consequential benefits including arrears with interest may be granted to maintain inter-se seniority.
Whether to issue a writ of mandamus directing the opposite parties to fix the scale of pay and grant consequential benefits.
Colour shows how this judgement treated each authority
W.A. Nos.186 & 187 of 2018Referred¶22
2 provisions across 1 enactments
Dr. Ram Naresh Mahaling
State of Odisha
BIRAJA PRASANNA SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
