KARTIK CH MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are the employees of an aided educational institution in the district of Keonjhar. Their salary for some intervening period not having been released they have approached this Court for issuance of a writ of mandamus.

(2.) IT is alleged that the school became eligible to receive minimum grant -in -aid from the State Government with effect from 1 -3 -1987 and accordingly the Inspector of Schools called upon the Head' master of the high school to submit the staff position and the connected records for approval of the Inspector. The Headmaster of the school submitted the staff position as well as the all other relevant documents, but the Inspector of Schools by his letter dated 23 -12 -1989 annexed as Annexure -1 approved the appointment of different employees and further indicated that the untrained teachers would acquire B. Ed. qualification within two years. As the Inspector did not approve the appointment of one Suren Kumar Barik peon of the High School, he approached this Court by filing a writ petition which was registered as OJC No. 2404 of 1990 and pursuance to the direction given by this Court in the aforesaid application, the Inspector approved his appointment by order dated 10 -4 - 991 which has also been annexed to the writ application. It is further alleged that though the approval was with effect from 1 -3 -1987 but when the bills were sent the Inspector released grant -in -aid only with effect from 1 -3 -1988. According to the petitioners they are entitled to minimum grant -in -aid for a period from 1 -4 -1987 to 282 -1988. The further grievance of the petitioners is that even though the Inspector thereafter continued to release the grant -in -aid in favour of the teachers, but for the months of January end February, 1992 the grant -in -aid had not been released and accordingly they have approached this Court for issuance of a writ of mandamus to the Inspector.

(3.) THE further grievance of the petitioners is that for the two months they had not been paid their salary namely the months of January and February, 1992. Once the grant -in -aid has been released and was being paid regularly question of discontinuance does not arise unless for some reason the institution becomes ineligible and order to that effect is passed. In that view of the matter, if the salary of the petitioners for the aforesaid two months has not been paid so far, it may be paid within three months from the date of receipt of the order.