ABHIMANYU PANDA Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) W.P.(C) No.25064 of 2013:-

(2.) The brief fact of the case of the petitioner is that the K.B.D.A.V. College, Nirakarpur, Puri is one of the oldest College, earlier known as Nirakarpur College, has got concurrence from the Government and affiliated to Utkal University since 1959 and is covered under the Direct Payment Scheme with effect from 01.04.1974, i.e. from the date of introduction of direct payment scheme mode by the State Government. It is an aided College within the meaning of Section 3(b) of the Orissa Education Act, hence the provision of Orissa Education Act and the rules framed there under are applicable. The college is imparting education up to the degree level in different faculties such as Arts, Science and Commerce since long. Considering the establishments and other features of the College, the opposite party no.2 has been pleased to approve the creation and approval of the lecturer post in the College and also accorded concurrence for expansion of I.com with 64 seats along with others. As per the provision of the yardstick prescribed by the Government, the Commerce stream justified for two posts of lecturers from the date of its concurrence, the Commerce stream in Nirakarpur College got Government concurrence from the session 1982-83, i.e. from 01.06.1982. So the department of Commerce became eligible for two lecturers as per the yardstick from 1.6.1982, accordingly, as per the grant in aid prevalent at the relevant time and the present grant in aid orders, the post became eligible to receive grant in aid 5 years of its concurrence, therefore, the 1st and 2nd post of lecturer in Commerce are eligible to receive grant in aid from 01.06.1087.

(3.) Learned counsel for the petitioner, while arguing the case in assailing the order dtd.29.7.2013, has placed reliance upon the resolution dtd.6th October, 1989 which contains 'coverage' under clause 3.1. According to him the petitioner is coming under the coverage part and since he is eligible as per the educational qualification, hence his pay scale is to be replaced from Rs.1350-2975/- to that of the pay scale of Rs.2200-4000/-.