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1998 Supreme(SC) 345

SUJATA V.MANOHAR, D.P.WADHWA
State Of Orissa – Appellant
Versus
Aswini Kumar Dash – Respondent


Judgment

Mrs. Sujata V. Manohar, J.-Delay condoned.

2. Leave granted.

3. The respondents in these appeals are teachers in aided non-Government colleges/ educational institutions. They claimed the revised scales of pay recommended by the University Grants Commission on the basis of Government Resolutions of the State of Orissa in Education and Youth Services Department dated 6th of October, 1989 and 6th of November, 1990. The respondents objected to a note attached to para­graph 2 of the Government Resolution of 6th of November, 1990 as a result of which the higher pay scales were given to full-time teachers in aided non-Government colleges which had received Government concur­rence and University affiliation for opening of 3+ Degree course by 1st of April, 1989 and not thereafter. The writ petitions of the respondents were allowed by the Orissa High Court. The High Court struck down the note to paragraph 2 of the Government Resolution of 6th of November, 1990 and held that the respondents were entitled to higher scales of pay. The judgment of the High Court dated 4.11.1994 in O.J.C. No. 4085-4090 of 1993 which is the subject-matter of Civil Appeal No. 8256 of 1996 has been followed






















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