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PETITIONER: BASUDEV PATI

       Vs.

RESPONDENT: STATE OF ORISSA & ANR.

DATE OF JUDGMENT:       03/03/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      This special  leave petition is filed against the order of the  Orissa Administrative  Tribunal at Cuttack passed on December 6, 1996, in Transfer Application No.610/87.      Admittedly, the  petitioner, while working as Lecturer, had appeared  in competitive examination and was selected to the Orissa  Administrative Service. As Orissa Administrative Service, Class-II,  his  scale  of  pay  was  Rs.525-1150/-. Earlier, also  when he  worked as Lecturer, the scale of pay was Rs.525-1150/-  which was  subsequently  revised  by  the University Grants Commission w.e.f. April 1, 1974 to Rs.700- 1600/-. In  that pay  scale, his pay fixed at Rs.780. He was paid  arrears  of  salary  with  retrospective  effect  from 1.1.1974. After  he was selected and appointed to the Orissa Administrative Service,  he sought  protection of  his  last drawn pay  and his  upgraded fitment in the pay scale in the Orissa Administrative Service. The Tribunal has rejected the claim. Thus this special leave petition.      Shri Janaranjan  Das, learned counsel appearing for the petitioner, contends  that since  the  petitioner  had  been given the pay scale with retrospective effect from 1.1.1974, on his appointment to the Orissa Administrative Service, his last drawn pay need to be protected. As per the instructions of the  Accountant General,  his pay is entitled to be fixed at Rs.780/-  in the  pay scale  in  the  service  of  Orissa Administrative Service.  We find no force in the contention. The service  as a  Lecturer is  entirely different  from the service of the Orissa Administrative Service. Merely because he happened to work earlier as a Lecture and in the same pay scale which was subsequently revised, he cannot be permitted to have  the benefit  of U.G.C.  scale in the Administrative Service and  fitment in  the pay-scale  on that  basis. That would create  imbalance and  gross infraction and distortion and would  result in  flood of  claims of similarly situated persons under  Article 39(d) of the Consitution. Under these circumstances, such  a course  cannot  be  permitted  to  be adopted.      The special leave petition is dismissed accordingly.

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