LAXMIPRIYA DAS SASHIKANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner are serving as Lecturers in Aided Educational Institutions of the State, They are neither litigation minded nor litigation is their pursuit. However, the lackadaisical attitude of the authorities has thrust litigation upon them, which they are constraint to pursue willy nilly, by approaching the portals of this Cpurt.

(2.) THE moot point which needs determination in the present case is as to whether validation of services of the lecturers of Aided Educational Institutions in consonance with the provision of the Orissa Act 14 of 1998 ipso facto entitle them to receive salary cost out of the Grant in aid and if so, from which date ? As the same points have been agitated in number of cases, I dispose of all the cases by this common older.

(3.) IT is further submitted that, the Authorities after due application of mind and after thoroughly examining the proposals submitted by the concerned colleges, accorded validation to the appointments of the petitioners in consonance with the provisions of 1998 Validation Act. It is pertinent to mention here that before promulgation of Act 14 of 1993. Validation Acts of 1978, 1981 and 1989 were promulgated by the State of Orissa. By virtue of the said Acts, the appointments of lecturers who were appointed and were continuing with or without brake, were validated in past. The said validation Acts however did not stipulate any provision for release of Grant in aid, like section 3(2) of the 1998 validation Act. In consonance with the earlier Validation Act, a lecturer whose service is validated became also entitled to receive salary cost from Grant in aid and there is no dispute that salary is paid to all the lecturers whose services were validated by different Validation Acts in past.