College, in view of the decision in the case of Nabaghana Nanda v. State of Orissa & Others, passed in OJC No
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C )No.15683 of 2017 Dr. Nagendra Ku. Padhi …. Petitioner Mr. S. Behera, Adv. -versus- A. Principal Secretary, Addl. … Opp. Parties Secretary to Govt. & Others Addl. Govt. Advocate CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 13.03.2024 5. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2.
Legal Reasoning
Heard learned counsel for the parties. 3. Petitioner has filed the present Writ Petition inter alia with the following prayer. Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon’ble Court may graciously be pleased to issue a writ of Mandamus or any other appropriate writ/writs by quashing the order under Annexure-1 issued by the Opp. Party No.1. And further be pleased to direct the Opp. Party No.1 and 2 to grant the Petitioner benefit as per the policy of 3-5- 7 and in accordance with the cases reported in Super Court of India Vrs. Tarsen Singh in 2009 (*) SCC 64. And further be pleased to pay interest on differential the prevailing bank rate along with all amount at consequential and financial service benefits.” 4.
Legal Reasoning
It is contended that Petitioner was appointed as a Lecturer in Political Science (2nd post) in Balasore Mahila College, Gopalgaon, Balasore on 01.11.1989. It is contended that pursuant to the order passed by this Court in W.P.(C) No.15073 of 2011, though services of the Petitioner was approved as against the post of Lecturer in Political Science (2nd Post) and he was extended with the benefit of Grant-in-aid @1/3rd w.e.f 01.06.1995, 2/3rd w.e.f 01.06.1997 and full salary cost w.e.f 01.06.1999 in terms of the provisions contained under GIA Order, 1994, but since Petitioner’s continuance is in a Womens’ College, in view of the decision in the case of Nabaghana Nanda Vs. State of Orissa & Others, passed in OJC No.12385 of
Decision
1997,disposed of on 10.04.2001, Petitioner was eligible to get the benefit of Grant-in-aid @ 1/3rd, 2/3rd and full salary cost basing on the principle 3:5:7 instead of 5:7:9 which was followed by the Government in the Department of Higher Education while issuing order dt.14.03.2012 under Annexure-A/1 to the counter affidavit. 4.1. Petitioner accordingly claiming extension of the benefit of the Principle 3:5:7 so decided in the case of Nabaghana Nanda, approached this Court in W.P.(C ) NO.8433 of 2015. This Court vide order dt.08.05.2018 directed the Opp. Parties to consider the claim of the Petitioner in the light of the judgment rendered in the case of Nabaghana Nanda. 4.2. It is contended that even though the claim of the Petitioner is squarely covered by the decision in the case of Nabaghana Nanda, but without following the same, impugned order was passed on 25.07.2017 under Annexure-1, wherein claim of the Petitioner to get the benefit of Grant-in-aid by following the principle 3:5:7 was rejected. Page 2 of 6 4.3. Learned counsel for the Petitioner contended that since Petitioner admittedly is continuing in a Women’s College, in view of the decision in the case of Nabaghan Nanda, the principle 3:5:7 is required to be followed instead of the Principle 5:7:9. Taking into account the date of appointment of Petitioner as 01.11.1989, Petitioner in view of the decision in the case of Nabaghana Nanda became eligible to get the benefit of 1/3rd grant on completion of three(3) years of service, 2/3rd on completion of five(5) years and full salary cost on completion of seven(7) years of service . But since Opp. parties while extending the benefit vide order dt.14.03.2012 under Annexure-A/1 to the counter followed the principle of 5:7:9, petitioner was released with the benefit of Grant in aid w.e.f 01.06.1995 @ 1/3rd on 01.06.1997 @ 2/3rd and on 01.06.1999 with Full Salary Cost. Mr. Behera, learned counsel accordingly contended that the impugned order so passed by the Government-Opp. party No.1 under Annexure-1 is not sustainable in the eye of law. 5. Mr. S.K. Samal, learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit. It is contended that even though the services of Petitioner was initially approved and he was extended with the benefit of Grant-in-Aid under the G.I.A Order, 2004 w.e.f 01.01.2004, but pursuant to the order passed by this Court on 23.08.2011 in W.P.(C ) Page 3 of 6 No.15073 of 2011, his claim was considered once again under the provisions of GIA Order, 1994. 5.1. It is contended that Petitioner along with others approached this Court in W.P.(C ) No.15073 of 2011 claiming extension of the benefit of Grant-in-aid under GIA Order, 1994. Pursuant to the order passed by this Court on 23.08.2011, claim of the present Petitioner was duly considered and vide order dt.14.03.2012 under Annexure-A/1, Petitioner was released with the benefit of Grant-in-Aid @ 1/3rd w.e.f 01.06.1995, 2/3rd w.e.f 01.06.1997 and full salary cost w.e.f 01.06.1999, taking into account the eligibility of the post to get the benefit of Grant-in-Aid @ 1/3rd w.e.f 01.06.1995. 5.2. It is contended that after getting the benefit in terms of the order passed in W.P.(C ) No.15073 of 2011, Petitioner along with others again approached this Court in W.P.(C ) No.8433 of 2015 claiming extension of Grant-in-Aid, following the principle 3:5:7 which was decided in the case of Nabaghana Nanda. This Court when directed for consideration of the claim vide order dt.08.05.2015, the same was duly considered by Opp. Party No.1. Since in view of the provisions contained under GIA Order, 1994, no Grant-in-Aid can be extended prior to 01.06.1994, taking into account the date of eligibility of the post to get the benefit of Grant-in-aid as 01.06.1995, his claim was rejected. Petitioner was extended with the benefit of 1/3rd on completion of five (5) years of Page 4 of 6 service i.e. from 01.06.1995. It is accordingly contended that there is no illegality or irregularity with regard to rejection so available under Annexure-1. 6. Having heard learned counsel for the parties and considering the submission made, it is found that services of the Petitioner was initially approved under GIA Order, 2004 and he was extended with the benefit of Block Grant w.e.f 01.01.2004. But taking into account the order passed by this Court on 23.08.2011 in W.P.(C ) No.15073 of 2011, Petitioner was extended with the benefit of Grant-in-Aid under GIA Order, 1994 following the principle 5:7:9. Petitioner accordingly was held eligible to get the benefit of 1/3rd grant w.e.f 01.06.1995 taking into account his date of appointment as 01.11.1989. But since it is not disputed that Petitioner’s continuance is in a Women’s College, placing reliance on the decision in the case of Nabaghana Nanda, it is the view of this Court that Principle 3:5:7 is to be followed with regard to extension of the benefit of Grant-in-Aid under GIA Order, 1994. Therefore, this Court is inclined to hold that Petitioner is entitled to get the benefit of Grant- in-aid by applying the principle 3:5:7 in place of 5:7:9. 6.1. However, considering the fact that GIA Order, 1994 is applicable only w.e.f from 01.06.1994, this Court while interfering with the impugned order dt.25.07.2017 under Annexure-1, held that Petitioner is eligible to get the benefit of 1/3rd grant w.e.f Page 5 of 6 01.06.1994, 2/3rd w.e.f 01.06.1996 and Full Salary Cost w.e.f 01.06.1998. This Court accordingly directs Opp. Party No.1 to pass a fresh order by extending the benefit of Grant- in-Aid @1/3rd grant w.e.f 01.06.1994, 2/3rd w.e.f 01.06.1996 and full salary cost w.e.f 01.06.1998. Such a fresh order be passed within a period of two(2) months from the date of receipt of this order. Differential salary on such extension of the benefit as due and admissible be also released within a further period of two(2) months. The Writ Petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authenticatioin of order Location: high court of orissa, cuttack Date: 15-Mar-2024 12:22:30 Page 6 of 6