Dr. Rajesh Seth vs State Of Odisha & Ors.

31^st August 2026

B.P. Routray, J.

Heard Mr. S.K. Das, learned counsel for the Petitioner, Mr. T.K. Dash, learned Additional Government Advocate for State-Opposite Party No.1 and Dr. P. Chuli, learned counsel for Opposite Parties 2 & 3.

Opposite Party No.4, i.e. Assam University (A Central University), Diphu Campus in the State of Assam did not enter appearance despite sufficiency of service of notice.

The Petitioner is presently serving as Assistant Professor in Political Science in Berhampur University at Bhanja Bihar in the district of Ganjam. His case is that, initially he was appointed as Asst. Professor of Political Science under Opposite Party No.4 in the State of Assam on 23.02.2011 (Annexure-1). While continuing as such, he applied, with due permission from his employer, to the post of Lecturer in Political Science in Berhampur University under Opposite Parties 2 & 3. Being selected, in due process of selection, the Petitioner joined as Lecturer in Political Science in Berhampur University on 19.02.2016 after tendering his technical resignation from the Assam University, Diphu Campus. The Registrar of Assam University then transmitted his Last Pay Certificate (LPC) to the Berhampur University and based on the same, the Petitioner’s last pay was protected as per the order dated 13.01.2017 at Annexure-5. Subsequently, there were several correspondences made for transmission of the original Service Book of the Petitioner from Assam University to Berhampur University, and the certified copy of Service Book of the Petitioner was sent by the Registrar of Assam University to Berhampur University as per the letter at Annexure-13. Despite several correspondences, Assam University did not send the original Service Book of the Petitioner to Berhampur University mainly on the ground that the Berhampur University did not apply for the same in the prescribed format. As per the letter dated 10.04.2023 of Assam University at Annexure-16, Berhampur University was requested to submit their account details with PFMS No. (Public Finance Management System) for transfer of cash in lieu of unutilized leave in respect of the Petitioner for the period of service rendered in Assam University. In reply to said letter of Assam University at Annexure-16, the Berhampur University submitted that since the original Service Book of the Petitioner and prorata gratuity was not submitted by Assam University, no such opinion could be provided by the Berhampur University in respect of the Petitioner. The Assam University again vide letter dated 23.02.2024 asked for the same in respect of the Petitioner at Annexure-18 & 19, but Berhampur University did not respond to the same. But Berhampur University, who is the present employer of the Petitioner, withdrew the protection of pay granted to the Petitioner upon his joining. Without passing any formal order to that effect, the salary of the Petitioner from December 2019 onwards was reduced to the initial scale. This is the subject matter of grievance of the Petitioner.

Mr. S.K. Das, learned counsel on behalf of the Petitioner submits that, his initial appointment under Assam University is undisputed and with due permission taken from his employer, he applied for appointment in Berhampur University and thereafter upon furnishing the LPC by Assam University, the pay protection was granted to him. But subsequently for non-submission of the original Service Book by Assam University, despite the certified copy of the Service Bok was sent, the protection of pay earlier granted in favour of the Petitioner was withdrawn by the Berhampur University without issuing any formal order and without granting any opportunity of hearing to the Petitioner. It is submitted on behalf of the Petitioner that he has no control either over Assam University or Berhampur University to get his original Service Book back. But in the fight between two Universities, he has been treated as the scapegoat. It is further submitted that protection of pay of the Petitioner has nothing to do with the original Service Book and when the LPC has been sent by Assam University and the same is not disputed, based on which the protection of pay was granted in favour of the Petitioner, subsequent withdrawal of protection of pay without any reason is grossly illegal and arbitrary.

Berhampur University has filed its counter denying the contention of the Petitioner. As per the reply, the earlier pay protection was granted to the Petitioner in good faith presuming that he will produce the Service Book before the authority of Berhampur University. Since Assam University did not send the Service Book of Petitioner, his pay protection was thus withdrawn.

Dr. P. Chuli, learned counsel for Opposite Parties 2 & 3 (Berhampur University) submits that it is the responsibility of the Petitioner to get his original Service Book back to his present employer and thus in absence of the same, the protection of pay granted in favour of the Petitioner was liable to be withdrawn. It is further submitted by Dr. Chuli that as per the provisions of the Odisha Service Code, the production of original Service Book in case of previous employment is mandatory, and since Assam University, who was the initial employer of the Petitioner, is not submitting the original Service Book of the Petitioner there is no other option left with Berhampur University than to withdraw the pay protection given to the Petitioner.

Mr. T.K. Dash, learned A.G.A. submits that this being the dispute between two Universities, the State has no role to play.

It needs to be mentioned here that in terms of Article 72-A of the Odisha Service Code and Appendix-11, the record of service of the Government servant is required to be maintained in such form as the Auditor General may prescribe. Clause 8 of Appendix-11 specifies that in case of transfer of a Government servant to a foreign service, the Service Book is must be sent to the Accountant General by the Head of the Department. There is no such provision contained in Appendix-11 relating to the protection of pay of a Government servant in case of his shifting to foreign service.

Article 257 of the Odisha Universities First Statutes, 1990 prescribes that, the initial pay of a person, other than one already in University service, when appointed to a post under the University, shall be the minimum of the pay scale prescribed for the post unless otherwise decided by the appointing authority on the recommendation of the Selection Committee; provided that the last pay drawn by a person who was in service under the State or Central Government, or a College affiliated to any University and aided by the State Government or statutory institution immediately before joining the University, shall be protected while fixing his pay in the scale of pay to which he is appointed in the University.

Since the Petitioner was initially appointed under Assam University and he applied for the post under Berhampur University with due permission of his initial employer, by operation of the provision contained under Article 257, his pay was protected from the date of his joining upon receipt of LPC from the Assam University.

The service condition of an employee of the Berhampur University is governed by the provisions of the Odisha Universities First Statutes, 1990. There are certain references in the Statute with regard to certain provisions contained under Odisha Service Code including Article 72-A and Appendix-11.

What is contended by Dr. Chuli for Berhampur University that since the maintenance of original Service Book of the Petitioner is mandatory in terms of the provisions of Appendix-11 of the Odisha Service Code, he cannot be entitled for protection of his pay for the period he served in the earlier institution in absence of the original Service Book. Such submission of Dr. Chuli is found without substance since Appendix-11 to the Odisha Service Code does not specifically say for any protection of pay in respect of the Government employee. Thus, by taking strength from the provisions contained in Appendix-11, the protection of pay already granted in favour of the Petitioner on receipt of the LPC from the earlier employer cannot be withdrawn.

Apart from this, the present employer, i.e. Berhampur University is having the certified copy of the Service Book of the Petitioner maintained in Assam University. Taking note of evidentiary value of the certified copy in terms of the provision contained in Section 63, 76, 77 and 79 of the Indian Evidence Act (corresponding provisions in Section 58, 75, 76 and 78 of the Bharatiya Sakshya Adhiniyam) as to its genuineness, there cannot be any different treatment given for original in place of the certified copy. It needs to be stated here that, it is not that Berhampur University did not have the copy of service records of the Petitioner during his period continuing as such in Assam University, but it is the case that still they are insisting for getting the original Service Book of the Petitioner, where the Petitioner is undone and has no role to play for not getting the original Service Book from Assam University. So, no fault can be attributed to the Petitioner and therefore, he should not be allowed to suffer for the same. Moreover, the protection of pay of the Petitioner has been withdrawn to give him the initial scale of pay to the post with effect from the date of his joining at Berhampur University, i.e.19.02.2016, including recovery of the payment made in his favour, even without issuing any notice or giving opportunity of hearing. This is grossly unfair an illegality committed against the Petitioner by Berhampur University. When Article 257 of the Odisha Universities First Statutes provides for last pay protection of the employee for his service rendered in any other University, the action of the Berhampur University to withdraw the same and to recover the amount already paid thereof is not only unfair and illegal but also unsustainable in the eye of law.

It is the settled principle that before effecting for recovery from the pay of the employee, an opportunity of hearing should be given at least. But here is the case where the principles of natural justice have been violated. Berhampur University did not issue any formal order to that effect, but directly made reduction of pay from December 2019 onwards including recovery for such amount already paid to the Petitioner. Therefore, such action on the part of Opposite Parties 2 & 3 is unsustainable in the eye of law and it is accordingly directed that the Petitioner be paid all such benefits of his pay protection as per the initial order at Annexure-5 with immediate effect.

In the result, the writ petition is allowed in terms of the directions contained above.