NEWSLETTER

Sign up to read weekly email newsletter

13 years 🥳 of Publication, 100k+ Stories, 30+ Countries

Legal Desire Media and Insights
Donate
Search
  • Law Firm & In-house Updates
  • Deals
  • Interviews
  • Insight
  • Read to know
  • Courses
Reading: SC: Post of Field Supervisor can be treated as a Teacher only after a declaration by the University with the prior approval of the Board
Share
Aa
Legal Desire Media and InsightsLegal Desire Media and Insights
  • Law Firm & In-house Updates
  • Deals
  • Interviews
  • Insight
  • Read to know
  • Courses
Search
  • Law Firm & In-house Updates
  • Deals
  • Interviews
  • Insight
  • Read to know
  • Courses
Follow US
Legal Desire Media & Insights
Home » Blog » SC: Post of Field Supervisor can be treated as a Teacher only after a declaration by the University with the prior approval of the Board
JudgmentsNews

SC: Post of Field Supervisor can be treated as a Teacher only after a declaration by the University with the prior approval of the Board

By Sugam Shine 5 Min Read
Share

The Supreme Court on Monday said that Post of Field Supervisor can be treated as a Teacher only after a declaration by the University with the prior approval of the Board and not otherwise. This decision was given by the bench of Hon’ble Justices S.A. BOBDE and L. NAGESWARA RAO in the case of Registrar, Orissa University of Agriculture & Technology & Anr. V Upendra Nath Patra & Anr. Etc. [ CIVIL APPEAL Nos .4275-4277 of2018].
Original Jurisdiction Case (OJC) No. 2412 of 1985 filed by Shri Upendra Nath Patra, Respondent No.1 in the Appeal arising out of Special Leave Petition (Civil) No. 31165 of 2011, was allowed by a Division Bench of the High Court of Orissa by a judgment dated 12th November, 1990. The post of Field Supervisor held by him was declared equivalent to the post of Teacher and he was held entitled to all the benefits attached to the post of Teacher with effect from 16th March, 1979. Shri Binod Chandra Mahanti,Respondent No.1 in the Appeal arising out of Special Leave Petition (Civil) No. 31166 of 2011, filed OJC No.3390 of 1990 seeking fixation of appropriate scale of pay for the post of Field Supervisor by treating him as a Teacher. OJC No.3390 of 1990 was dismissed by another Division Bench of the High Court of Orissa by its judgment dated 25th September, 1992. It was declared that the post of Field Supervisor cannot be considered equivalent to teaching post. Civil Review No.102 of 1993 filed by the Appellant against a judgment in OJC No.2412 of 1985 and Civil Review No.106 of 1992 filed by Shri Binod Chandra Mahanti against the judgment in OJC No.3390 of 1990 were taken up together and were referred to a larger Bench in view of the divergent views in the above-mentioned judgments. By a judgment dated 25th February, 2011 a Full Bench of the Orissa High Court upheld the judgment dated 12th November, 1990 in OJC No.2412 of 1985 and overruled the judgment dated 25th September, 1992 in OJC No.3390 of 1990. This Appeal was filed challenging the correctness of the said Judgment of the full Bench.
According to the full Bench, there was no need for declaration of officers who have been doing field work, as Teachers. The full Bench held that Statute 19(3) of the Statutes is not applicable to such persons falling in Category II. Conducting or guiding research is part of education according to the full Bench and Field Supervisors who were imparting education, need not be declared as Teachers. The judgment in Upendra Nath Patra’s case (supra) was upheld and the subsequent judgment by another Division Bench in Binod Chandra Mahanti was overruled by the full Bench.
The Supreme Court in its decision said ” We are unable to persuade ourselves to accept the interpretation of Statute 19 of the Statutes of the full Bench of the High Court. The Teachers of the University are classified into three categories; (i) those appointed for imparting education, (ii) those appointed for the purpose of conducting or guiding the research or extension educational programmes, and (iii) persons declared by the Statutes as Teachers.A plain reading of Statute 19 would show that Field Supervisors who fall in Category II claiming to be Teachers have to be declared by the University as Teachers. The finding recorded by the full Bench that Statute 19(3) does not apply to persons falling in Category II was not correct.”
The Supreme Court further added “We are of the opinion that a post of Field Supervisor can be treated as a Teacher only after a declaration by the University with the prior approval of the Board and not otherwise.”
Supreme Court also accepted the logic of the Division Bench of the High Court in Upendra Nath Partra’s case (supra) that the declaration of a Teacher for one purpose will hold good for the others too.
Taking note of the fact that the Respondents have retired from service and have been fighting for their rights for nearly 30 years the court in its judgment said “We do not see any reason to prevent the Respondents from getting the benefits of their being treated as Teachers.”

You Might Also Like

Herbert Smith Freehills and Kramer Levin Finalize Merger, Creating $2B Global Law Firm

Reddit Sues Anthropic Over AI Data Use

BCI Rules for Foreign Law Firms in India, Register your Law Firm in India

Amber Heard Loses Appeal in Insurance Battle Linked to Johnny Depp Defamation Case

October 2024 Depo Provera Lawsuit Update

Subscribe

Subscribe to our newsletter to get our newest articles instantly!

Don’t miss out on new posts, Subscribe to newsletter Get our latest posts and announcements in your inbox.

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.

Don’t miss out on new posts, Subscribe to newsletter Get our latest posts and announcements in your inbox.

By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Sugam Shine April 24, 2018
Share this Article
Facebook Twitter Email Copy Link Print

YOU MAY ALSO LIKE

Herbert Smith Freehills and Kramer Levin Finalize Merger, Creating $2B Global Law Firm

June 2, 2025 – Herbert Smith Freehills (HSF) and Kramer Levin Naftalis & Frankel have completed their transatlantic merger, forming Herbert…

News
June 5, 2025

Reddit Sues Anthropic Over AI Data Use

Reddit has filed a lawsuit against Anthropic, an AI startup, alleging unauthorised scraping of its user-generated content to train Anthropic's…

News
June 5, 2025

BCI Rules for Foreign Law Firms in India, Register your Law Firm in India

In May 2025, the Bar Council of India (BCI) officially notified new rules (via the Gazette dated 14 May 2025)…

Law Firm & In-house UpdatesNews
May 24, 2025

Amber Heard Loses Appeal in Insurance Battle Linked to Johnny Depp Defamation Case

Amber Heard's legal woes continue as the US Court of Appeals for the Ninth Circuit rejected her appeal against New…

NewsRead to Know
November 30, 2024

For over 10 years, Legal Desire provides credible legal industry updates and insights across the globe.

  • About
  • Contact Us
  • Legal Marketing Service for Law Firms and Lawyers
  • Privacy Policy
  • Terms & Condition
  • Cancellation/Refund Policy

Follow US: 

Legal Desire Media & Insights

For Submissions/feedbacks/sponsorships/advertisement/syndication: office@legaldesire.com

Legal Desire Media & Insights 2023

✖
Cleantalk Pixel

Removed from reading list

Undo
Welcome Back!

Sign in to your account

Lost your password?