PURNA CHANDRA MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Doubting correctness of view expressed by several Division Benches of this Court that by operation of Rule 9 of the Orissa education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (in short, 'the Rules') teachers serving in aided educational institutions, who held Green Cards, were entitled to benefit of two increments as is available to their counterparts serving in Government schools, this reference has been made to a larger Bench.

(2.) A brief reference to the factual position would suffice. With a view to check high growth of population, several family welfare programmes have been introduced by the Central and various State Governments. State of Orissa being of the view that a rapid reduction of such growth is the single most critical factor determining success of developmental effort directed to securing economic progress decided that where either of the parents in the age group of 15 to 48 years having two children or less would go for terminal method, i. e., tubectomy/vesectomy would be given a Green Card. As a distinctive group, the Green Card holders would be entitled to certain benefits under various schemes of the State Government.

(3.) DURING the course of hearing of the application the State Government took a stand that the effect of Office Memorandum dated 4 -6 -1985 issued by the State Government was not noticed by the Benches bearing the earlier cases. A bare reading thereof, according to the State counsel, indicated that the two increments allowed were in the nature of incentive allowance and did not form part of pay of the concerned employee. It was further submitted that the said memorandum restricted the benefit of Clause 4 (a) only to Government employees, and the same cannot be extended to teachers serving in Aided Educational Institutions. The Bench hearing the application was of the prima facie view that by operation of Rule 9 of the Rules a Green Card holding teacher of an Aided Educational Institution did not automatically become entitled to the benefit of two increments allowed to the Government servants as incentive under the Scheme framed by Government Order dated 19 -10 -1983.