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groupA/B clarify 3 May 2017

To The Principal Secretary to Government Department of Higher Education Government of Odisha, Bhubaneswar.

Dated 7th May, 2017

Sir,

This has reference to our earlier email on 16th April 2017 and my appointment and discussions with you on 3rd May, 2017 wherein you had asked us to clarify some issues in giving the benefit of counting of entire past service  under Career Advancement Scheme from the date of joining in service to 456 Lecturers placed in UGC.

1). The 456 Lecturers started their service in OES Class II. The UGC Lecturers were also placed in OES Class II. Both of them were in the same class of service.

2)  The Government has had, in earlier instances, dual scales of pay with OES State Scale and UGC Scales of Pay. Teachers appointed in State scales (equivalent to Junior Lecturer Scales) were placed in higher grades in UGC scales of pay by taking into account their date of joining in govt. service.

3) Grouping of services was implemented vide GA Department Resolution dated 22/9/95where Group A was those who's Pay Scale Maximum was ₹4000 or above and Group B was those whose Pay Scale maximum was between ₹3500-₹4000. This was later revised by GA Department Resolution dated 07/06/1999 to Group A greater than ₹13500 and Group B maximums between ₹9000-₹13500. UGC Lecturers were only placed in Group A services from 01.01.2006.

4) As Grouping of services is based on Maximum of pay scale, we are giving examples of Higher Education Department giving benefit of counting of past services in UGC scales of pay, for placement into higher grades (under Career Advancement Scheme) for those with services in the same scale of Pay as Junior Lecturers; from the due date of eligibility.

a) Vide notification number HE-FE- VI- MISC-0059/2015 21521(4)/HE dated 26.09.2015 Non Government Aided College teachers in 2000-3500, subsequently revised to 6500-10500 and later revised to 9300-34800 were placed in higher grades in UGC Scales of pay. The Junior Lecturers were also in the same scale of pay. b) Vide Letter No. 31946 dated 11.09.1979, Ad-hoc Lecturers in Government Colleges were appointed for Intermediate classes in State Scale of pay of Rs 525-1150 (later equivalent to  revised 2000-3500, then revised 6500-10500and then revised 9300-34800) in 1977-78. At that time, the UGC Scale of pay for a Lecturer was Rs 700-1600 (revised equivalent to 2200-4000, 8000-13500, 15600-39100 scales). Vide Notification No. HE/CA-10/2001 (Pt), 22604/HE dated 02.05.2002, all these State Scale Lecturers (with services in equivalent scales of pay as Junior Lecturers) were placed into higher grades in UGC scales of pay by taking into account their date of joining in service. c) The above precedents establish that the State Government has accepted the experience in equivalent scales of pay to Junior Lecturers to be counted for placement in higher grades in UGC Scale of Pay.

5) There have been many court cases which support our demand. And that those with different scales of pay in their initial cadres may be placed in UGC scales of pay in higher grades by accounting for their past services (Including services in equivalent scales of Junior Lecturers).

a) Nilakantha Mishra vs State and others, OA no. 137/2002 (525-1150 Adhoc State scale Lecturer placed into higher grades in UGC) b) Narayan Prasad Mohanty vs State, OA 3909(C)/2010 (Adhoc State Scale Lecturer placed in higher grades in UGC) c) Prasanna Pati  appointed as ad-hoc lecturer in 1977 in state scale of pay in a Non Govt. Aided College was allowed the benefit of counting of past service under CAS and placed in higher grades in UGC vide HE Notification No- 146/2011(35659) dated 13.10.2011.     d) Manjushree Pattanaik : Department Notification No. 102/2013 (19886) date 01.08.2013 (Manjushree Pattanayak  one State Scale Lecturer in Non-Govt. Aided College placed into higher grades in UGC.) e) Shri Ajay Kumar Das, Bhagyalaxmi Mohanty, Mousumi Kanungo vide No- 048/2015 (28296) dated 28.12.2015 appointed in state scale of pay in NGACs, were allowed the benefit of past service and placed into higher grades in UGC. f) Shri Akshaya Kumar Swain of Tangi College, Cuttack, Dr. Mohin Mohammad, Dr. Sidhartha Kumar Sahoo and Shri Gadadhar Rout of Christ College, Cuttack  have also availed such benefit.

The issue was counting of past services as detailed in earlier email of 16th April, 2017 and the issue is now being confused with Group A and Group B services. The 456 teachers are eligible for counting of past service only when being placed in UGC and not prior to that when they were in State Scales of pay. Therefore, we feel that the issue of Group A and Group B being raised now may not be relevant.

And other service under govt. of Odisha do not have counting of past service for placement and promotion to higher grades except OES under UGC.

We are obliged to you for having given us the opportunity to clarify the queries and would pray to give us relief by counting the past service from the date of joining.

Thanking you, Yours faithfully

Pranati Das President OGCTA.

Attached copy of the notifications on classification of Group A and Group B services.

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letter to her Secy 16 Apr 2017

To The Principal Secretary to Government, Department of Higher Education Government of Odisha

Issues and delays regarding counting of past service for placement in higher grades in UGC of the 456 Lecturers(CB) by taking into account the date of joining in service rendered in feeder Cadre

Sir,

456 State Scale Lecturers were eligible to be placed in College Branch(CB) in UGC Scales of pay on 15.09.2012.

The CB Rules for Recruitment etc. 1990 and it's Amendment dated 15.09.2012 (inserted  clause 3(a) in para 2 of 1990 Rules)stated that 50% of vacancies would be filled from State Scale Cadres by following the principles laid out by UGC.

CB Rules 1990 has the time frame of 8 years as Lecturer to be placed as Lecturer Senior Scale. And another 8 years as Senior Lecturer to be placed as Reader.

HE department, Government of Odisha vide Resolution 65312in 1999 allowed for counting of past service under Career Advancement Scheme (CAS) for placement into higher grades following UGC guidelines keeping in view the provisions contained in the CB Rules 1990.

UGC guidelines of 2000 (para 2.8.0) has very clearly recommended initial placement in higher grades in UGC Scales by taking into account the entire service rendered in the feeder Cadre. This counting of past service will be taken into consideration for initial placement in higher grades and also for promotion has been reiterated D.O no. F.1/90 dated 27.11.1990 , UGC Regulation of 2010 date 30.06.2010 (para 10.0), as well as UGC ordinance 47/2015 (at para 9).

OES CB Recruitment Amendment Rule 2012 also identifies the Teachers placed from OES State Scale to OES College Branch as feeder cadres.

Therefore, the 456 Teachers in the College branch have already fulfilled (in the feeder cadres, refer HE department Resolution 65312 and UGC guidelines 2000 as above) the criteria of 8 years as Lecturer to be placed to Senior Scale Lecturer and a further 8 years to be placed as Readers.

The State has already accepted and implemented the counting of past service under Career Advancement Scheme as recommended by UGC. There are many precedents where counting of past service under CAS for recruitment and promotion. Vide notification 31946 dated 11.09.1979 Adhoc Lecturers for Intermediate classes  in State pay scale 525-1150 (UGC Scale of pay was 700-1600)in 1979.  Vide notification number II-HE/CA-10/2001 22604 dated 02.05.2002 all such lecturers were placed into higher grades in UGC Scales by taking into account their date of joining in service.

Vide notification no HE-FE-VI-MISC-0059/2015 21521/HE dated 26.09.2015 the SSB teachers and teachers of Non Govt Aided Colleges who were earlier appointed in State Scale of pay, were placed into higher grades in UGC Scales of pay from the date of eligibility

We may please be placed in appropriate Academic Grade Pay (AGP) by counting of past services from the date of joining in feeder cadres for placement in higher grades in College Branch in UGC Scales of pay.

We would also request an appointment for 15 minutes at your convenience on 17th April 2017, to present the OGCTA's apprehensions and prayers and clarifications if required.

Thanking you, Yours sincerely Pranati Das President OGCTA

Mobile 9437009417

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Brief discussion points with CS

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Brief discussion points with CS

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