BANAMALI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application under Article. 226 and 227 of the Constitution of India the petitioner has sought for issuance of a writ of mandamus directing the opp. parties 1 to 3 to pay his salary in accordance with the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short, 'the Rules').

(2.) THE factual backdrop as has been depicted by the petitioner is that on being selected by the State Selection Board in pursuance of an advertisement the petitioner was appointed as a lecturer in Political Science against the -3rd post (MP) at S. G. College in the District of Jajpur. As stated in the petition the advertisement clearly stipulated that the petitioner would be paid in the prescribed scale of pay. The Director of Higher Education, Orissa on the basis of the recommendation of the State Selection Board asked the Governing Body of S. G. College to issue Setter of appointment in favour of the petitioner and accordingly the petitioner was appointed Though the advertisement had stipulated the pay scale of Rs. 1350 -2975/ -the Governing Body issued the order of appointment In a consolidated salary of . Rs. 1000/ - per month. - It has been further put forth by the writ petitioner t at the 3rd post of Political Science at S. G. College was created by the Government vide order No. 48512/EYS dated 25 -10 -1991 with effect from 1 -3 -1986 and, therefore, the said post would be eligible to get 1/3rd grant -in -aid after five years, 2/3rd after seven years and full salary cost after completion of nine years. As the petitioner had joined against the said post in December, 1931 he would be entitled to get 1/3rd till 1 -3 -1993, 2/3rd with effect from 1 -3 -1993 and full salary cost with effect from 1 -3 -1995.Reference has been made to Rule 9 of the Rules which provides that every employee of an aided educational institution is entitled to draw pay,, D. A. and subsistence allowance in case of suspension as is admissible to his counterparts serving in Government educational institutions under the relevant Rules applicable to him and shall ordinarily be paid in the month following the month to which the claim relates directly by the Government or by any officer or by any agency authorised by the Government. As the Rules have been given a go -bye and the petitioner has not been paid his salary he has approached this Court for redressal of his grievance.

(3.) WE have heard. Mr. Pitambar Acharya, learned counsel for the petitioner, Mr. M. R. Mohanty for opp. parties 1 and 2 and Mr. R. Mohapatra for opp. party No. 3. Mr. Acharya while reiterating the facts in his oral argument has referred to Annexure -5, the Government order dated 25 -10 -1S91 wherein the Joint Secretary to Government of Orissa in the Education and Youth Services Department had communi -cated to the Director of Higher Education approving certain posts in 3S aided colleges in the State. The documents annexed to the said letter clearly indicate that the 3rd post in Political Science in S, G. College, Cast J -jpur has been approved since 1 -3 -1986. Mr. Acharya has also reiied on a judgment passed on 5 -4 -1995 by this Court in OJC No. 5631/94(Ashish Mitra v. State of Orissa). In the said writ application the stand of the State Government was that in view of the amended prevision of the Orissa Education Act and the revised grant -in -aid order of the year 94 the State Government was considering the matter. Considering the stand of the State Government a bench of this Court presided by Hon'ble G. B. Patnaik, J. (as his Lordship then was) held thus :