MADHAB CHANDRA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Concurrence was accorded by the Government for opening of an Intermediate non -Government College at Champua with effect from the academic session 1977 -78 on certain conditions mentioned in Annexure -1. One of the conditions was that the management will not seek any help from the Government towards pay - ment of salaries and D.A. to the teaching and non -teaching staff and shall manage the institution for a period of five years, whereafter the staff of the college shall become eligible to get full pay and D. A. from the Government according to law. This promise held out in Annexure -1 has not been complied with. One of the reasons for not doing so finds place in Annexure -4, according to which a new formula was evolved relating to direct payment of full salary cost. A perusal of that anne - xure, however, shows that formula was to apply to such colleges as received the Government concurrence with effect from the academic session 1979 -80. The college at hand having received the concurrence before that, it is urged by Shri Dora, and rightly,that the formula evolved in Annexure -4 could not have applied to the present case. It is also urged that the principle of promissory estoppel would prevent the Government from retracing from the promise inasmuch as the lecturers of the college had come to serve the same pursuant to the promise held out in Annexure -1.

(2.) IN refusing the claim of the petitioner, Shri Nayak, learned Addl. Government Advocate, first draws our attention to Annexure -7 which is a copy of Government letter No. 46209/EYS dated 18 -10 -1985. We do not, however, think if what is stated in this communication can apply to the lecturers of the college at hand inasmuch as that annexure came much after the concurrence was given to the establishment of the present college. Shri Nayak then draws our attention to Annexure -3 which is a Press Note and had come to be issued after the representatives of the non -Government colleges and school teachers had met the Chief Minister. Education Minister and the Finance Minister to discuss their grievances on 15 -3 -1974. In that Press Note it was stated that the financial need of the colleges would be met within a ceiling of Rs. 75 lakhs. We do not think if this ceiling can apply to the cases of colleges like the one at hand inasmuch as the same had been established much after the Press Note had been issued. In this connection, Shri Dora also refers to Rule 9 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 which came into force with effect from 1 -4 -1975 and stated that every employee of an aided educational institution shall draw the same pay, dearness allowance and subsistence allowance as is admissible to his counterpart in the Government educational institutions.

(3.) ANOTHER grievance of the petitioners relates to non -fixation of their pay in the U.G.C. scale. As to this, Shri Dora brings to our notice Annexure -5 which relates to pay fixation of the teaching staff of Gunupur College in the U.G.C. scale of pay wherein it is stated that the incumbents having been appointed prior to 27 - 8 -1979 when the new scale of Rs. 520 -1150/ - was introduced would be entitled to the U.G.C. scale of pay of Rs. 700 -1600/ - because there was no Government order prescribing the new scale of pay when these lecturers had been appointed. Our attention is then invited to Annexure -6 by which lecturers of another college named Sadhu Gaudeswar College, East Jaipur, were allowed the U.G.C. scale of pay (Rs 700 -1600/ -) who had joined prior to 27 -8 -1979. May it be stated that the counterparts of the petitioners in Government colleges were getting the UGC scale at the relevant time. Annexure -6 shows that two lecturers, namely Bidyadhar Sahoo and Naba Kishore Mishra, were given the pay scale of Rs. 700 -1600/ - as they joined the posts on 12 -12 -1978 and 24 -8 -1979 respectively. Two other lecturers, namely Pradipta Kumar Mohanty and Bidyadhar Praharaj, were, however, allowed, the new pay scale of Rs. 520 -1300/ - as they joined the posts 28 -8 -1979 and 29 -8 -1979 respectively. As lecturers of similarly situated colleges were granted the UGC scale of pay, we do not find any reason to deprive the same to the petitioners.