DR. RAJESH SETH vs STATE OF ODISHA
- Court
- Odisha High Court
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5983 of 2025
CNR No.ODHC010136882025
(In the matter of an application under Articles 226 and 227 of the
Constitution of India)
Dr. Rajesh Seth …. Petitioner
-versus-
State of Odisha and others …. Opposite Parties
Advocate(s) appeared in this case:-
For Petitioner : Mr. S.K. Das, Advocate
For Opposite Parties : Mr. T.K. Dash, A.G.A.
For O.P. No.1
Dr. P. Chuli, Advocate
For O.P. Nos.2 & 3
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
st
31 August 2026
B.P. Routray, J.
1. 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.
W.P.(C) No.5983 of 2025 Page 1 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
2. 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.
3. 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
W.P.(C) No.5983 of 2025 Page 2 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
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
W.P.(C) No.5983 of 2025 Page 3 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
the Petitioner from December 2019 onwards was reduced to the initial
scale. This is the subject matter of grievance of the Petitioner.
4. 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
W.P.(C) No.5983 of 2025 Page 4 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
withdrawal of protection of pay without any reason is grossly illegal
and arbitrary.
5 . 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.
6. 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.
W.P.(C) No.5983 of 2025 Page 5 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
7. Mr. T.K. Dash, learned A.G.A. submits that this being the
dispute between two Universities, the State has no role to play.
8. 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.
9. 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
W.P.(C) No.5983 of 2025 Page 6 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
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.
10. 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.
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
W.P.(C) No.5983 of 2025 Page 7 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
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.
12. 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
W.P.(C) No.5983 of 2025 Page 8 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
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.
13. 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
W.P.(C) No.5983 of 2025 Page 9 of 10
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Sep-2026 13:58:12
Petitioner be paid all such benefits of his pay protection as per the
initial order at Annexure-5 with immediate effect.
14 . In the result, the writ petition is allowed in terms of the
directions contained above.
(B.P. Routray)
Judge
B.K. Barik/A.R.-cum-Senior Secretary
W.P.(C) No.5983 of 2025 Page 10 of 10