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Judgment
Filing this writ petition, the petitioners while challenging the office order dated 25.7.2004 and the office order dated 17.8.2004 appearing at
annexures-8 & 10 also sought for a direction to the opposite parties to extend the benefits as before granting the scale of pay of Rs.825/- -1200/-
in the pre-revised scale of pay of 1989 and Rs.2750/-4400/- in the revised scale of pay of 1988 given effect from 1.1.1996 as admissible to the
post of wireman.
Short background involved in the case is that petitioners joined service under the Berhampur University in the year 1981 and 1990 respectively.
They were all receiving their emoluments/salary as admissible for the post of wireman at par with their counter parts in the other Universities as well
as State Government with application of revised scale of pay from time to time. Consequent upon framing of the Orissa Universities Act 1989
came into effect from 15.11.1988, the University involved herein being a creature of the Statute is governed by the Act and Rules framed
thereunder. Further, in exercise of powers conferred by Sub-section (3) of Section 24 of the Orissa University Act 1989, the State Government
framed ""The Orissa University First Statute, 1990"" came into effect from 1.1.1990. Statute at Section 255 (c) defines ''emoluments'' and Statute at
Section 255(d) defines ''employees''. Claiming that the petitioners have the parity in scale and other benefits like that of the wireman under other
statutes, the petitioners submitted that as per the Orissa Revised Scale of Pay Rules hereinafter in short called as ''ORSP Rules'', the scale of pay
of the wireman at the first instance was revised from Rs.240/-- 340/- to Rs.665/--1075/-.
For the above revision, wherever wiremen were continuing got revised scale of pay of Rs.665/--1075/-, which was further revised to Rs.825-
1200. In the meantime, the Chancellor was also pleased to approve the scale of pay at Rs.825/--1200/- vide his letter dated 25.6.1990 entitling
the persons like the petitioners to get the above scale of pay. It is alleged that despite such approval, the above benefit was not extended to the
petitioners, for which grievances were made to the competent authority i.e. the syndicate of University. It is at this stage, the scale of pay of the
wireman working under the Berhampur University, was revised at a lower grade @ Rs.800-1150 instead of Rs.825-Rs.1200. Based on a further
grievance, the competent authority under the Act and Statute referred to hereinabove, in its meeting dated 17.9.1993 at Sl.358 approved the claim
entitling the petitioners to the similar scale of pay covered under the ""O.R.S.P Rules"" subject to however, with a condition that the application of
the higher scale was subject to sanction of the Government.
Following the above development an office order was issued on 25.1.1994 intimating therein the conditional revision in the scale of pay w.e.f.
17.9.1993 which was followed with an office order dated 27.12.1994 clearly indicating the petitioners'' entitlement at Rs.665/--1075/- and
thereafter Rs.825/--1200/- respectively. In the meantime, in another revision in the scale of pay involving the ORSP Rules 1998, the scale of pay
of Rs.825/-- 1200/- was further revised to Rs.2750/--4400/- but with effect from 1.1.1996. In the meantime, the Government of Orissa in its
Department of Higher Education conveyed the approval of Government for 621 numbers of nonteaching posts in the Berhampur University
including the post of wireman indicating therein at Sl.47 the scale of pay of wiremen at Rs.825/--1200/-.
It is thus contended that while the petitioners were extended the benefits of the ORSP Rules revising the scale of pay of Rs.825-1200 then
Rs.2750-4400/-, a communication was made to the Secretary to the Hon''ble Chancellor intimating therein that the scale of pay of the wireman of
the University has been fixed at Rs.800/--1150/- and then Rs.2650/--4000/- thereby further cancelling the attachment of the scale of pay of
Rs.825/--1200/- and then at Rs.2750/--4400/- vide Annexure-8. Petitioners filed their representation vide Annexure-9(series). There is no
development on the representation of the petitioners and the University went on applying the revised scale of pay in respect of the wireman of the
University as notified under Annexure-10. Under the premises that the petitioners have been victimized for no reason of them and that there has
been discrimination to such category of employees working under the University, learned counsel for the petitioners submitted that the impugned
actions of the opposite parties vide Annexures-8 & 10 suffers on account of discrimination as well as noncompliance of natural justice and no
reduction in the scale of pay was permissible without hearing the beneficiaries.
On being noticed the opposite party nos.2 to 4 filed their counter affidavit and the University did not deny the claim of the petitioners that they
have been paid at the rate of Rs.240/-- 315/- as per their appointment order and subsequently, @ Rs.625/--940/- as per the O.R.S.P. Rules
1985 which was further enhanced to Rs.825/--1200/- following the O.R.S.P Rules 1989. The opposite party nos.2 to 4 also admitted to have
allowed the petitioners'' higher scale of pay w.e.f.17.9.1993 but however, subject to approval of the Government vide its letter dated 25.1.1994
and with a condition that they are to refund the excess amount in case of non-approval of scale of pay by the State Government. The opposite
party nos.2 to 4 also contended that the Hon''ble Chancellor in exercise of power conferred under Section 5(9) of the Orissa Universities Act,
1989 took a decision that the scale of the wireman should be fixed at Rs.800/--1150/-. Accordingly, the grant of higher scale of pay at Rs.825/--
1200/- and subsequently Rs.2750/--4400/- was cancelled and the petitioners were fitted with the scale of pay of Rs.800/--1150/- and then
Rs.2650/--4000/-. It is thus contended by the opposite party nos.2 to 4 that the scale of pay of the petitioners have been fixed only taking into
consideration the approval of the Hon''ble Chancellor. Referring to several documents appended to the counter affidavit the Berhampur University
claimed that there is no infirmity in the fixation of scale of pay in respect of the petitioners and therefore, contended that there is no scope for
interfering in such matters by the High Court.
Considering the rival contentions of the parties, this Court finds, there is no dispute involving the petitioners that they were initially appointed as
wireman in the scale of pay at Rs.240/-- 350/-, which is a scale of pay available to the wireman under the O.R.S.P. Rules. It also becomes clear
that for the introduction of revised scale of pay in the year 1989 & 1990, the scale at Rs.240/- - 350/- became Rs.665/--1075/-. In the meantime,
the same has been further revised to Rs.825/--1200/- as at Sl.310 of the Revised Scale of Pay Rules 1989-1990. It also appears from Annexure-
3 that the syndicate meeting held on 17.9.1993 considering the revision of scale of pay of the wireman at minutes of meeting 358, approved the
revision in respect of the wireman at the scale of pay of Rs.825/--1200/- and further taking a decision to move the Hon''ble Chancellor and the
State Government for approval of the same. In the meantime, a communication was made vide Annexure-4 on 25.1.1994 revising the scale of pay
of the wireman at Rs.800/--1150/- to Rs.825/--1200/- w.e.f. 17.9.1993 but subject to approval of the Government. Annexure-5 also establishes
the same. In the meantime, vide Annexure-7 the Government conveyed its approval for 621 numbers of non6 teaching posts in the Berhampur
University, in which, the post of wireman find place at Sl.47 clearly indicating their existing scale of pay at the relevant point of time at Rs.825/--
1200/-.
It is under the circumstance, this Court finds surprise with the introduction of scale of pay in respect of the wireman at Rs.800-15-1010-E.B.-
20-1150 becomes Rs.2650-65-3300-70-4000 in the revised scale of pay remaining contrary to the revised scale of pay Rules 1998. Even though
this Court finds, there are series of representation at the instance of the wireman continuing under the employment of Berhampur University at
Annexure-9 (series) but none of the representation has any outcome as on date, therefore, this Court raises doubt as to whether these
representations have been made prior to communication at Annexure-1 or not and involve the order at Annexure-8 & 10 or not.
From reading of all the documents involved herein at the instance of the petitioners and even at the instance of the opposite party nos.2 to 4, this
Court nowhere finds any logic behind brining down the scale of pay of the wireman of the Berhampur University from Rs.825/--1200/- to
Rs.800/--1150/-. Finding that the petitioners have already made representations to the above effect pending consideration of the competent
authority and as a fact finding decision is required to be taken by the Berhampur University and requiring approval of the Government in its
appropriate Department, this Court disposes of this writ petition with a direction to the Registrar Berhampur University to look into the grievance
of the petitioners in the above regard and take appropriate decision on the claim of the petitioners to the scale of pay of Rs.825/--1200/- and the
subsequent revision taken effect in the meantime.
Let a decision in the above regard, be taken by the Registrar, Berhampur University keeping in view the observations of this Court made
hereinabove, within a period of two months from the date of production of a certified copy of this judgment along with a copy of the writ petition
by the petitioners.
The writ petition stands disposed of with the direction contained hereinabove. Under the circumstances, there is no order as to cost.