CUTTACK: The Orissa High Court on Friday pulled up Utkal University in the peculiar case of an employee at its computer centre who was made to work for 16 years in a higher post without being paid the pay attached to it by obtaining from him an undertaking that he would not claim financial benefit.
“This is absolutely iniquitous and cannot be countenanced in law. Had it been a stop-gap arrangement for a limited period also, the matter would have been different. But here is a case where the employee has been made to work in the higher post for as long as 16 years,” the single judge bench of Justice Sashikanta Mishra observed.
Justice Mishra said, “Thus, the authorities are found to have displayed an ad hoc attitude, whereby an employee was made to work in a higher post without being paid the pay scale attached to it. Obviously, a public institution like Utkal University cannot be expected to adopt such an approach to the detriment of its employees.”
Subhankar Das, a programmer at the computer centre, was kept in-charge of the system manager post from February 26, 2005 till he retired on June 30, 2021 without promotion to the post and the pay scale attached to it. He was first appointed as computer operator on September 1,1990 and later appointed as programmer of the computer centre from October 1, 1996.
While ruling in Das’ favour, Justice Mishra directed the Utkal University authorities to grant the scale of pay of the system manager to him from the date he held the post as in-charge till his retirement. Besides, his last pay drawn should be fixed and his pension and related benefits, if any, be also revised accordingly. The judge specified in the order that the whole exercise should be completed within two months from the date of production of certified copy of the order by Das.
Justice Mishra further opined that no step was taken by the university to fill up the post of system manager on regular basis either by way of direct recruitment at the relevant time or by promotion after receipt of clarification from the government. “As a result, the petitioner was deprived of his legitimate right of being considered for appointment to the higher post by either of the modes, “ the judge observed.
Terming the citing of the undertaking signed by the employee as ground for neither giving him promotion to the post nor paying him the pay attached to it as ‘untenable’, Justice Mishra said, “This court holds that notwithstanding the undertaking given by Das, he is entitled to be paid the pay scale of the post of system manager from the date he held the same till his retirement.”