State Of Orissa
v.
Damodar Nayak
(Supreme Court Of India)
Civil Appeal No. 2666 Of 1997.[Special Leave Petition (Civil) No. 3628 Of 1997] | 31-03-1997
K. Ramaswamy, J.
1. The report of the Registry indicates that the service is complete. However, the respondents are not appearing either in person or through counsel.
2. Leave granted.
3. 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 lecturers 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 Colleges would be eligible to receive grant-in-aid. The Resolution dated September 13, 1983 issued by the Government prescribes the qualifications for recruitment of Lecturers of affiliated Colleges which indicates that "candidate not holding an M.Phil. degree should possess a high second class Masters degree, i.e., 54% marks and a second class Honours/Pass in the B.A./B.Com./B.Sc. examination." Respondent No. I 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 possessing 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.
4. 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.
5. Appeal allowed.
1. The report of the Registry indicates that the service is complete. However, the respondents are not appearing either in person or through counsel.
2. Leave granted.
3. 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 lecturers 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 Colleges would be eligible to receive grant-in-aid. The Resolution dated September 13, 1983 issued by the Government prescribes the qualifications for recruitment of Lecturers of affiliated Colleges which indicates that "candidate not holding an M.Phil. degree should possess a high second class Masters degree, i.e., 54% marks and a second class Honours/Pass in the B.A./B.Com./B.Sc. examination." Respondent No. I 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 possessing 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.
4. 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.
5. Appeal allowed.
Advocates List
For the Appellants - Mr. P.N. Misra, Advocate.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE K. RAMASWAMY
HON'BLE MR. JUSTICE D.P. WADHWA
Eq Citation
[1997] 3 SCR 456
1997 (3) SCT 146 (SC)
(1997) 4 SCC 560
AIR 1997 SC 2071
(1997) SCC (LS) 979
JT 1997 (4) SC 588
1997 (3) SCALE 544
1997 (2) SLR 571
1997 (2) SCJ 193
LQ/SC/1997/595
HeadNote
Constitution — Writ jurisdiction — Judicial review — Nonobstante clause — Nonobstante clause in the Constitution — Effect of — Constitution of India, Art. 31-C
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