JAGANNATH DHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE writ applications were heard analogously since they involve the same questions of law.

(2.) THE petitioners in all these cases are lecturers working in different aided educational institutions in different places and their prayer is for a direction to the opposite parties to disburse their arrear salary for the period from 17.10.1998 to February, 2001 and from August, 2001 to February, 2002. All the petitioners were appointed between 1.1.1985 and 31.12.1992 against approved posts of lecturers in different aided colleges. These colleges come under category I as defined in Para 4 -A of the Orissa (Non -Government Colleges, Junior Colleges and Higher Secondary Schools) Grant -in -Aid Order, 1994. The case of the petitioners is that under the provisions of the Orissa Education (Recruitment and Conditions of Services of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, the Governing Bodies are prohibited from filling up vacancies as the same are to be filled up from out of the candidates selected by the State Selection Board and this rule applies immediately after the institution gets aid. However, the Governing Body can fill up the posts on ad hoc basis for a period of six months or till posts are filled up by candidates selected by the State Selection Board. The petitioners' appointments were on ad hoc basis and they have been allowed to continue from time to time as no State Selection Board candidates had been sponsored to fill up the posts. Such ad hoc arrangements are made to cater to the need of the college as per the workload. While the petitioners were continuing as such, the Validation Act of 1998 came into force and the State Government directed the aided colleges to submit necessary proposals to validate all such lecturers whose appointments were made between 1.1.1985 and 31.12.1992 and are continuing to hold the posts. Proposals were submitted by different institutions and so far as the petitioners are concerned, proposals were also submitted for validation of their appointment. The further case of the petitioners is that under Section 3(2) of the Validation Act, 1998, lecturers so validated are to get salary out. of the grant -in -aid from 17.10.1998 irrespective of their dates of entitlement in the Grant -in -Aid Order, 1994.

(3.) SOME decisions were cited by the learned counsel for both the parties in this regard and I will deal with the same at a later stage. There is no dispute that the petitioners were appointed as lecturers in different disciplines in different aided institutions on ad hoc basis. Such appointments were permissible in absence of candi dates being sponsored by the State Selection Board for appointment. There is also no dispute that the petitioners continued to work as lecturers on ad hoc basis till the Validation Act, 1998 came into force. The only objection raised by the learned counsel appearing on behalf of the State authorities is that though appointments of the petitioners are required to be scrutinized to find out as to whether they conform to the requirements of the Validation Act, 1998 or not, there was no co -operation from the side of the respective Governing Bodies and therefore, the State is not under any obligation to pay the salary components from grant -in -aid.