STATE OF ORISSA Vs. ASWINI KUMAR DASH

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The respondents in these appeals are teachers in aided non- government colleges/educational institutions. They claimed the revised scales of pay recommended by the University Grants Commission on the basis of government resolutions of the State of orissa in Education and Youth Services Department dated 6/10/1989 and 6/11/1990. The respondents objected to a note attached to para 2 of the government resolution of 6/11/1990 as a result of which the higher pay scales were given to full-time teachers in aided non-government colleges which had received government concurrence and university affiliation for opening of 3+ Degree course by 1/4/1989 and not thereafter. The writ petitions of the respondents were allowed by the orissa High court. The High court struck down the note to para 2 of the government resolution of 6/11/1990 and held that the respondents were entitled to higher scales of pay. The judgment of the High court dated 4/11/1994 in OJCs Nos. 4085-4090 of 1993 which is the subject-matter of Civil No. 8256 of 1996 has been followed in the impugned High court judgments in the other appeals. Hence all these appeals have been heard together.