Saturday, 22 October 2011

UGC scale: SC order should be guiding principle

BHUBANESWAR: Is the Supreme Court ruling in State of Orissa vs Mamata case being followed in letter and spirit by the Orissa Government?
With the Higher Education Department facing a barrage of claims on revised UGC scale of pay by teachers having different sets of qualifications, the apex court’s order is the guiding principle to follow.
In February this year, the SC had upheld an appeal filed by the Orissa Government which had challenged a High Court (HC) order directing payment of revised UGC scale of pay to certain lecturers appointed illegally and without fulfilling the eligibility criteria.
The apex court had ruled that anyone employed in violation of prescribed norms will not be entitled to any benefit. It is mandatory on the part of the employer to invite applications from all eligible candidates by advertising the vacancies in the newspapers having wide circulation as merely inviting names from the Employment Exchange does not meet the requirement of equality of right, it had said emphasising on the basic eligibility criteria, the process of advertisement and process of appointment.
�The SC had also ruled that no person can be appointed even on a temporary or ad hoc basis without following the due process of advertisement from eligible candidates. The apex court also ruled that if an order is bad in its inception, it can not get sanctified at a latter stage and a subsequent action and development can not validate which was unlawful.
� Sources said although the Department is committed to follow the SC ruling, it is still trying to ascertain in many cases that the due process has been followed and rightful claimants are given the due.

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