KESHAB PANDA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Mr. Buddhiman Rout, learned counsel for the School and Mass Education Department.

(2.) The petitioner has approached this Court challenging letter dated 25.08.2007 by which one percent of the grant sanctioned has been directed to be held back to meet the cost of audit.

(3.) According to the petitioner he has been engaged as Headmaster of Mohan Chandra Khandia U.P.(M.E.) School in the district of Jajpur, said school has been notified as an aided educational institution within the meaning of Sec. 3(b) of the Orissa Education Act by the State Government w.e.f. 31.3.1992. It is the case of the petitioner that the moment the school in question has been brought within the purview of Sec. 3(b) of the Orissa Education Act, the provision of the Orissa Education (Recruitment and Condition of Service of teachers and Members of Staff of Aided Educational Institution) Rules, 1974 (hereinafter referred to as "Rules 1974") will be applicable wherein as per the provision as contained in Rule 9 the Legislature has provided to treat the petitioner at par with the regular employees of Govt. institution but the authorities while granting sanction order dated 25.8.2007 has directed to held back 1% of total grant to meet out cost of audit.