SRI JITENDRA KUMAR PATI Vs. STATE OF ORISSA, REPRESENTED THROUGH THE SECRETARY, EDUCATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE Petitioner secured 52.5% marks in M.A. in English and was appointed as Lecturer in English by order dt. 10.12.1980 of the Secretary, Kunjabihari College, Baranga in the district of Puri Pursuant to the said appointment, he joined as Lecturer in English in the College on 18.12.1980. On 13.9.1983, the Government of Orissa, Education and youth Service Department adopted a Resolution prescribing the qualification for recruitment of Lecturers in affiliated Colleges of the State of Orissa. As per the said Resolution candidates who were not holding a M. Phil degree were required to possess a high second class Master's degree with 54% of marks for being appointed as Lecturers in affiliated Colleges of the State. Since the Petitioner had secured less than 54% of marks in M.A. in English, the University authority was moved for condoning the deficiency in qualification of the Petitioner and by a Memo dt. 28.10.1987 Registrar. Utkal University informed the Secretary Kunjabihari College. Baranga that the Syndicate in its meeting has been pleased to condone the deficiency in qualification of the Petitioner on consideration of the Resolution passed by the Senate. Thereafter, the Director of Higher Education by his Office order dt. 10.8.1988 provisionally approved the appointment of the Petitioner to the post of Lecturer in English and in the said order dt. 10.8.1988 stipulated that the post held by the Petitioner would become eligible for 1/3rd grant -in -aid with effect from 18.12.1985. The Principal of the College then wrote to the Director. Higher Education Orissa in his letter dt. 10.9.1988 that since the College got the affiliation since June, 1979, the Petitioner was eligible to' get 1/3rd grant -in -aid with effect from 1.6.1984 and not from 18.12.1985 and correction may be made accordingly in the Office Order dt. 10.8.1988 of Director, Higher Education Orissa. The Principal of the College again wrote a letter dt. 22.9.1989 to the Director. Higher Education, Orissa reiterating his request to correct the date of eligibility of the Petitioner for grant -in -aid with effect from 19.8.1984 instead of 18.12.1985. Despite the said letters of the Principal of the College, the Office order dt. 10.8.1988 of the director Higher Education Orissa was not correct and the result is that the Petitioner has been given 1/3rd grant -in -aid with effect from 18.12.1985 instead of 1.6.1984. Further, for the period from 18.12.1985 onwards the Petitioner was not been paid salary in the U.G.C. scale and the Petitioner 's case is that he was entitled to U.G.C. scale as revised from time to time with effect from 1.1.1986. The Petitioner has prayed for a direction to opposite party No. 4 to treat the eligibility of the Petitioner to received grant -in -aid from June. 1984 instead of December, 1934 and to direct the opposite parties to fix the pay of the Petitioner as per U.G.C. scale with effect from 1.1.1986.

(2.) MR . J.K. Rath, learned Counsel for the Petitioner submitted that by a Circular No. 11131 dt. 17.3.1983, the Government of Orissa, Education and Youth Services Department has clarified that for the purpose of computing qualifying period of 5 years for a College to receive grant -in -aid, the date with effect from which the College has been accorded Government concurrence shall be taken into account. He submitted that since the Government accorded its concurrence to the Kunjabihari College. Baranga from the academic Session 1979 -80, the qualifying period of 5 years will have to be computed from 1.6.1979 and so computed the post of Lecturer in English held by the Petitioner would be eligible for 1/3rd grant -in -aid with effect from 1.8.1984.

(3.) CIRCULAR No. 11131 dt. 17.3.1983 of the Government of Orissa, Education and Youth Services Department on which reliance has been placed by -Mr. Rath is extracted hereinbelow: