High Court Declares University Lecturers Regular From Date of Joining, Directs Arrears And Pension Entitlements

A single‑judge bench of Justice Biswanath Rath heard a writ petition under Articles 226 and 227 challenging the terms of appointment and seeking regularization, service benefits, pension and other consequential reliefs for two lecturers engaged by the University Department of Pharmaceutical Sciences (UDPS), Utkal University.

The Court allowed the writ petition to the extent indicated and directed remedial measures. It held that although the appointment orders of 5.12.2003 described the engagement as contractual and paid on consolidated remuneration, the advertisement and subsequent government communications showed recruitment against sanctioned regular posts with pensionary status. The Court, in its reasoning, observed: "It is here observed for the clear indication in the order at Annexrue‑8, both petitioners have been regularized since the date of their initial appointment on 05.12.2003 but however with attachment of regular scale indicated there with effect from 01.09.2008. This Court here finds for petitioners already regularized since 05.12.2003 i.e. the date of their joining, both of them should be deemed to be entitled to regular scale with effect from 05.12.2003 till 31.08.2008. This period will however be treated notionally but taking into account the scale attached to the post of lecturers for all subsequent accounting purpose." The Court noted and quoted the appointment order language that on its face recorded: "The engagement is purely contractual and terminable at any time without notice or without assigning any reason thereof," and contrasted that with a Government letter stating: "These five Lecturer posts are sanctioned regular posts and are pensionery concurred by F.D. vide their UOR No. 270/SSI dt. 27.09.03."

Background

The petitioners, Dr. Debasish Pradhan and another, applied in response to a UDPS advertisement dated November 2003 which invited candidates for faculty positions and stated that "Qualifications, experiences & Salary [were] As per AICTE norms." They attended interviews on 30.11.2003 and were issued appointment letters dated 5.12.2003 engaging them as lecturers on a contractual basis at a consolidated monthly remuneration of Rs.10,000. The petitioners joined and continued in service; subsequent administrative steps placed them in adjunct roles and extensions, and the Syndicate resolved on 28.08.2008 to regularize several such employees. An office order dated 3.2.2009 allowed the petitioners regular scales of pay with effect from 01.09.2008 and stated that their services would be regularized from the date of joining the post in consolidated salary, subject to conditions including an undertaking that they would not claim arrears up to 31.08.2008.

Petitioners contended that the advertisement, AICTE communications and government concurrence showed the posts were sanctioned regular vacancies and that they had been appointed to substantive posts and were therefore entitled to regular pay and pensionary benefits from the date of joining. The University relied on the contractual terms of the appointment letters and the self‑financing nature of the course, but it accepted that the Syndicate had regularized the petitioners and placed them under the CPF scheme with regular pay from 01.09.2008.

The Court considered precedents including K. Anbazhagan and Somesh Thapliyal that addressed when appointments, though initially ad hoc or contractual, could be treated as substantive where recruitment followed sanctioned posts and required statutory selection processes. Applying those principles and the documentary record, the Court found that the recruitment arose from sanctioned lecturer posts with financial concurrence and that the petitioners must be treated as regular employees from their date of joining.

Case Details: Case No.: W.P.(C). Nos.16721 of 2010 Case Title: Dr. Debasish Pradhan & Anr. v. Utkal University & Ors. Appearances: For the Petitioner(s): Mr. M.K. Mishra, Senior Advocate; P.K. Das; S. Senapati For the Respondent(s): Mr. G.P. Mohanty; Mrs. M.S. Mohanty (O.P. No.1 & 2); Mr. S.S. Mohanty (O.P. No.3); Mr. S. Mohapatra; P.M. Mohapatra; P.K. Hazary; B. Jena; C.R. Dash (O.P. No.4)

The Court directed that the petitioners be deemed regular from 05.12.2003, that their service books be opened from that date, and that they be treated as covered under the CPF scheme. It directed the University to work out revisionary benefits (including those arising from the 6th Pay Commission and subsequent revisions), compute arrears notionally for the period 05.12.2003 to 31.08.2008 and release any payable arrear with interest at 5% — ordering computation within four weeks and payment within two further weeks. The Court recorded that pensionary entitlement arose from the sanctioned and pensionary nature of the posts and asked the University to consider promotion under Career Advancement Scheme and other consequential service benefits. The writ petition succeeded in part and the Court ordered compliance without costs.