ADIKANDA BHATTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Water and Land Management Institute (WALMI), a society registered under the Societies Registration Act, 1860, is an autonomous institute under the Department of Water Resources, Government of Orissa. The Government in its resolution dated 30.12.1985 established WALMI in Orissa under the Development Credit Agreement for Subarnarekha Irrigation Project in order to improve the deficiency in the knowledge of agricultural practices especially crop, water requirement, survey, lay out, construction and management of distribution system including minor canals, water courses, field channels and drainage channels. The main objectives of the society was to promote advancement of science and acquisition of scientific knowledge, provide instructions and training in all branches of science both theoretical and applied and in particular in water management and land development for irrigation and agriculture. WALMI imparts training to the in-service Diploma, Degree and Master Degree holder practicing engineers and Agriculture Officers, Field Staff and Farmers. It also undertakes adaptive research and extension activities in irrigation command areas. It has also been recognized, as a centre for research by Utkal University for pursuing studies leading to award of Ph.D degree, by its letter dated 11.10.1995. It has also been accorded non-plan budget in budgetary allocation of the Department of Water Resources, Government of Odisha, as it has been recognized as the key institute in transfer of technologies related to water and land development and management to officers of Department of Water Resources, Command Areas Development Agencies, Department of Agriculture, Lift Irrigation Corporation etc, field staff and farmers of the State.

(2.) WALMI, under the control of Department of Water Resources, is strictly following University Grant Commission (UGC) norms since its inception, while recruiting its Faculty Members, to maintain high quality teaching standard, by granting them UGC pay scales duly corroborated by Gazette Notification and subsequent Government Resolutions.

(3.) Pursuant to advertisement issued in Odia daily "The Samaj" on 20.07.1987, applications were invited by WALMI for three posts of Lecturers in Engineering Faculty so as to reach the same on or before 24.08.1987. It was mentioned therein that the scale of pay would be the existing UGC scale of pay of Rs.700- 1600/- for Lecturers with usual foreign service terms and conditions and would be stationed at Bhubaneswar WALMI headquarters. The petitioners, having requisite qualification and satisfied the conditions stipulated in the advertisement itself, submitted their applications for the post of Lecturer in Engineering Faculty, and being duly selected, were appointed in the said post on 27.02.1992. Pursuant to resolution dated 18.08.1992, Department of Irrigation, Government of Odisha approved the revision of scale of pay of Faculty Members of WALMI, by which the scale of pay of the petitioners in Lecturer in Engineering Faculty was revised from Rs.700-1600/- to Rs.2400- 4000/-. In conformity with the said resolution, the office order was issued on 28.08.1992 allowing the petitioners to draw their pay in the revised UGC scale of pay from the date they were entitled to get such benefit. Accordingly, the petitioners were also paid their increment. When there was revision of scale of pay pursuant to recommendation made by the Fifth Pay Commission, the benefit of UGC scale of pay was granted to the College teachers and University teachers with effect from 01.01.1996 by virtue of resolution of the Department of Higher Education, Government of Odisha dated 31.12.1999. Similarly, pursuant to resolution dated 21.10.2000 of the Department of Agriculture, Government of Odisha, teachers in Orissa University of Agriculture and Technology (OUAT) were extended the scale of pay recommended by the University Grants Commission w.e.f. 01.01.1996. Consequentially, the Lecturers who were getting scale of pay of Rs.2200-4000/- as per the recommendation of Fourth Pay Commission, their scale of pay was revised to Rs.8000-13500/- as per recommendation made by Fifth Pay Commission and that was given effect to from 01.01.1996.