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1997 Supreme(SC) 586

D.P.WADHWA, K.RAMASWAMY
State Of Orissa – Appellant
Versus
Damodarnayak – Respondent


ORDER

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 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 i



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