N N SWAMY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the town of Berhampur within the district of Ganjam is located an educational institution known by the name of Khallikote College. The said institution was founded in the year 1856 as a High School. In 1878, the Intermediate Classes were opened and the College affiliated 'to the Madras University. In 1888, the management was transferred to a local committee, but owing to financial crisis the institution was threatened with closure. The then Zamindar of Khallikote raised a liberal endowment and in terms of a deed of trust dated 13-7-1896 the institution came to have its name as Khallikote College. The institution became one of the premier colleges of the area and in due course came to be affiliated to the Andhra university at Waltair. Thereafter, in 1943, with the creation of the Utkal University, affiliation to that University was granted, and ultimately with effect from 1967 the said College has now been affiliated to the Berhampur University. For quite some time negotiation was going on between the State of Orissa and the management of the College, so that the institution may be taken over by the State government. On 18-2-70, the Managing Committee (opp. party No. 1) resolved to place the administration of the College in the hands of the State Government. From July 1970 the State Government appointed one of the senior Professors as the Principal of the College. On 9-3-1971, a formal agreement was executed between the Management and the Governor of the State providing-

(2.) THE eight petitioners in this case were working as Readers in different faculties in the said College on the date of the aforesaid transfer in the scale of pay of Rs. 510-860. The petitioner No. 6 was the earliest recruit having joined the College as early as 3-9-57. The last of the petitioners to be recruited to the employment of the College was the petitioner No. 8 and he joined the College on 2-8-62. As shown in Annexure 1 (Nos. 9 and 10 therein are not petitioners) to the writ petition, excepting the petitioners 3, 5 and 8 who have been confirmed as lecturers the other petitioners have been confirmed as Readers. The petitioners had obtained their promotions as Readers between 1-1-67 and 5-7-70.

(3.) ON 23-3-71, Government provided the conditions governing the taking-over of the services of the teaching staff of the College (Annexure 7 ). Paragraph 4 of the said letter provided as follows:--