Full Judgment Text
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PETITIONER:
STATE OF ORISSA & ANR.
Vs.
RESPONDENT:
DAMODAR NAYAK & ANR.
DATE OF JUDGMENT: 31/03/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The report of the Registry indicates that the service
is complete. However , the respondents are not appearing
either in person or through counsel
Leave granted.
The question limited to the notice is whether the
respondent would be entitled to payment of salary under the
Grant-in-Aid Scheme from the date of initial appointment
till he improved his qualification or from the date of his
acquiring the qualification? The admitted position is that
respondent No.1 came to be appointed as a lecturer in 1978.
The Government issued clarification on January 5,1987 that
unqualified lectures having minimum second class, i.e. 48%
or above and below 54% of marks in P.G. examination and
appointed on or after 1.8.1977 in recognised non-Government
Collates would be eligible to receive grant-in-aid. The
Resolution dated September 13,1983 issued by the Government
prescribes the qualifications for recruitment on Lecturers
of affiliated colleges which indicates that " candidate not
holding an M. Phil degree should possess a high second class
Master’s degree, i.e., 54% marks and a second class
Honours/pass in the B.A/B.Com./B.Sc. examination."
Respondent No.1 secured 53.9% marks, which is almost
equivalent of 54% marks on July 10, 1987. Therefore, the
question arises, whether the second respondent is entitled
to receive grant-in-aid for payment of salary to the first
respondent from, the date of his acquiring qualification or
from the date of initial appointment? Admittedly, since the
first respondent on the date of his appointment was not
possssing the requisite qualification and acquired the same
only on July 10, 1987, he will be eligible to the benefit of
the grant-in-aid w.e.f. August 1,1987 and onwards .
The appeal is accordingly allowed and the order of the
High Court Passed on April 23,1996 in OJC No. 3548/96, to
that extent stands modified. No costs.