YUDHISTIRA KHATUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners in this writ application are all lecturers in aided colleges who were selected by the Service Selection Board and appointed as such in various colleges allotted by the Director of Higher Education, Orissa, Bhubaneswar. Their appointments have been approved by the Director and they are receiving their salary under the direct payment scheme from the Government. The grievance of the petitioners is that although the dearness allowance at the rate of 64% of the basic pay is being given to the lecturers of Government colleges, a discrimination is being made as the petitioners have been paid dearness allowance at the rate of 41% of their basic pay.

(2.) IT is the case of the petitioners that prior to 1.1.2001, the percentage of dearness allowance paid to the petitioners as well as the lecturers in Government colleges was same. But from 1.1.2001 onwards, dearness allowance at a higher rate was paid to the State Government employees including the lecturers of Government colleges as per the Finance Department memorandum dated 6.5.2005. The rate of dearness allowance from 1.1.2001 was at 43% which was increased to 45% from 1.7.2001, 49% from 1.1.2002, 52% from 1.7.2002, 55% from 1.1.2003, 59% from 1.7.2003,61 % from 1.1.2004 and 64% from 1.7.2004. Such increase of percentage of dearness allowance has not been made in case of lecturers of the aided colleges like the petitioners in spite of the mandate of Rule 9 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided, Educational Institutions) Rules, 1974 (for short, 'the Rules').

(3.) A counter affidavit has been filed by the opp. party No. taking a stand that since the method of selection of lecturers working in the Government colleges and lecturers working in aided colleges are different, the petitioners cannot claim as of right to receive dearness allowance at the same rate as is being paid to the lecturers of Government colleges. A further stand has been taken that in view of Section 7 -C of the Orissa Education Act, 1969 coupled with the financial stringency faced by the State, it is not possible on the part of the State to pay dearness allowance to the lecturers of aided colleges at a higher rate.