L. Nageswara Rao, J. - (1.) Leave granted Original Jurisdiction Case (OJC) No. 2412 of 1985 filed by Shri Upendra Nath Patra, Respondent No.1 in the Appeal arising out of Special Leave Petition (Civil) No. 31165 of 2011, was allowed by a Division Bench of the High Court of Orissa by a judgment dated 12th November, 1990. The post of Field Supervisor held by him was declared equivalent to the post of Teacher and he was held entitled to all the benefits attached to the post of Teacher with effect from 16th March, 1979. Shri Binod Chandra Mahanti, Respondent No.1 in the Appeal arising out of Special Leave Petition (Civil) No. 31166 of 2011, filed OJC No.3390 of 1990 seeking fixation of appropriate scale of pay for the post of Field Supervisor by treating him as a Teacher. OJC No.3390 of 1990 was dismissed by another Division Bench of the High Court of Orissa by its judgment dated 25th September, 1992. It was declared that the post of Field Supervisor cannot be considered equivalent to teaching post. Civil Review No.102 of 1993 filed by the Appellant against a judgment in OJC No.2412 of 1985 and Civil Review No.106 of 1992 filed by Shri Binod Chandra Mahanti against the judgment in OJC No.3390 of 1990 were taken up together and were referred to a larger Bench in view of the divergent views in the above-mentioned judgments. By a judgment dated 25th February, 2011 a Full Bench of the Orissa High Court upheld the judgment dated 12th November, 1990 in OJC No.2412 of 1985 and overruled the judgment dated 25th September, 1992 in OJC No.3390 of 1990. This Appeal is filed challenging the correctness of the said Judgment of the full Bench.
(2.) Shri Upendra Nath Patra was appointed as a Field Supervisor in the Appellant- University on 10th February, 1972. Shri Binod Chandra Mahanti was appointed as a Statistical Assistant on 11th December, 1979. He was later transferred and adjusted against a post of Field Supervisor. OJC No.2412 of 1985, filed by Shri Upendra Nath Patra for a declaration that a post of Field Supervisor should be treated as a post of Teacher was allowed by the High Court by relying upon an earlier judgment of the High Court in Rajendra Prasad Mishra & Ors. v. Orissa University of Agriculture and Technology & Anr., OJC No.804 of 1981 decided on 20th November, 1984. In Rajendra Prasad Mishra , the High Court held that the post of Senior Research Assistant should be treated as a post of Teacher falling under category II of Statute 19 (1) of the Statutes of the Orissa University of Agriculture and Technology, 1966 (for short 'the Statutes'). The High Court relied upon a letter dated 26th March, 1981 of the University, made in the absence of a declaration by the Statutes. In the said letter dated 26th March, 1981, the University informed the Government that the posts of Senior Metrological Assistant, Block Agent, Senior Technical Assistant and Field Supervisor should be treated as Teachers provided the incumbents were post-graduates. In its judgment in OJC No.2412 of 1985, the Division Bench also took note of an Office Order dated 16th March, 1979 of the Registrar of the University by which the post of Field Supervisor was declared as Teacher under Section 19(1) of the Statutes framed under the Orissa University of Agriculture and Technology Act, 1965 (for short 'the Act'). The Appellant's contention that the declaration of the post of Field Supervisor as Teacher under Statute 19(1) of the Statutes was only for the limited purpose of inclusion in the electoral roll in connection with the election to the post of Member from the Teachers Constituency to the Board of Management was rejected. The High Court repelled the contention that the Registrar of the University had no jurisdiction to pass an Order of equivalence and it is only the Board of Management which had the competence to do so. The High Court held that the proceeding dated 16th March, 1979 has neither been superseded nor cancelled. The High Court concluded that a Field Supervisor cannot be declared as equivalent to a Teacher for a limited purpose.
(3.) A different view was taken by another Division Bench of the High Court in OJC No.3390 of 1990 filed by Shri Binod Chandra Mahanti. It was held that the Academic Council did not approve the extension of the UGC benefits to the Field Supervisors on the ground that they did not possess requisite qualification of M.Sc. (Agriculture) and that the said post was not a Teaching post. The said Resolution of the Academic Council was accepted by the Board of Management. The Division Bench observed that there is no manner of doubt that the Field Supervisor cannot be a Teaching post. The proceeding dated 26th March, 1979 of Registrar of the University by which the Field Supervisors were treated as Teachers for the purpose of Elections was referred to by the Division Bench to hold that the Registrar of the University had no jurisdiction or authority to issue the said Order.;