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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.