The Orissa High Court, in a significant judgment, ruled in favor of a lecturer denied promotion under the Orissa Non-Government Aided College Lecturers’ Placement Rules, 2014. The petitioner, Lokanath Behera, a Mathematics lecturer in a government-aided junior college, challenged the state’s order rejecting his claim for promotion to Senior Lecturer and Reader.
The court found the rejection baseless, noting the institution was fully aided under the Grant-in-Aid Order, 2009, and the petitioner met the eligibility criteria under Rule 3 of the 2014 Rules. It dismissed the state’s argument that the college was under the Block Grant system, citing documented proof of Direct Payment Scheme compliance.
Justice Dixit Krishna Shripad emphasized that the absence of a Common Cadre, as argued by the state, was irrelevant since the 2014 Rules did not mandate it. The court also rejected the state’s fear of financial burden, stating,
"What is legitimately held out to the citizen cannot be defeated by argument in terrorem."
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The judgment directed the state to grant the petitioner his due benefits prospectively within eight weeks, warning against delay. It underscored the state’s duty as a model employer, citing the Supreme Court’s stance in State of Karnataka v. C. Lalitha on equitable treatment for similarly placed employees.
"Law should be obeyed even if heavens fall down,"
The court remarked, reinforcing the rule of law over administrative convenience. This ruling sets a precedent for aided institution employees seeking rightful promotions under state policies.
Case Title: Lokanath Behera v. State of Odisha & Others
Case No.: W.P.(C) No. 2062 of 2024
