AJOY KUMAR PATRA Vs. STOTE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. This Writ Petition is to be disposed of at the stoge of admission. The Petitioner prays for a direction to the Opp. Parties to pay Dearness Allowance to him at the same rate as is being paid to his counterparts with effect from 1.1.2001 within a stipulated period. The case of the Petitioner is that he has been appointed as Lecturer in English in Shramasakti College, Biramitrapur on 6.10.1982. The said post was approved & regularized by the Director, Higher Education, Orissa, Opp. Party No.2 with effect from 1.6.1986. Subsequently, the Petitioner was promoted to the post of senior lecturer with effect from 6.10.1994 & he became a Reader with effect from 6.10.2002. At present he has been working as Reader in English in Municipal College, Rourkela in the district of Sundaragarh. The scale of pay of the Petitioner was fixed in the revised scale of pay with effect from 1.1.1996. As his appointment has been duly approved by the Director Higher Education, Orissa, he is receiving his salary under the direct payment scheme of the Government as per Rule -9 of the Orissa Education (Recruitment & Conditions of Services of Teachers & Members of Stoff of Aided Educational Institution) Rule, 1974.

(2.) IT is also the case that pursuant to Revised Scale of Pay, 1998 the pay of the Petitioner has been fixed with effect from 1.1.1996. It is also the case that prior to 1.1.2001 the rate of Dearness Allowance paid to the Petitioner as well as the lecturers in the Government Colleges were same. But from 1.1.2001 onwards, the Dearness Allowance at a higher rate is being paid to the Stote Government employees including lecturers of Government Colleges, but the Petitioner is being deprived of such financial benefits with effect from 1.1.2001.

(3.) SIMILARLY , Section 7 -C of the Orissa Education Act, 1969 prescribes that the Stote Government shall within the limits of its economic capacity will set apart the money annually far being given as Grants -in -Aid to be provided to the private educational institutions of the Stote. Thus, an, plain reading of the provisions of Section 7 -C of the Orissa Educational Act,1969 providing Grant -in -Aid has no nexus with regard to ,the payment of allowances like Dearness Allowance and there fare, the opp. Parties in my humble view cannot debar the Petitioner from getting enhanced Dearness Allowance and especially in view of the mandate of Rule 9 of the 1974 Rules which unequivocally speaks that the lecturer of aided educational institution shall be paid his dearness Allowance, subsistence Allowance in case of pension as is admissible to his counterparts in the Government Educational Institution.