Important Point
High Court was wrong in holding that Note to paragraph 2(1) of the Orissa Government’s Resolution dated 6.11.1990 was arbitrary and unreasonable. Thus colleges which have secured Government concurrence or affiliation from the University after 1.4.1989 cannot claim any right to the higher grant-in-aid contrary to the policy as laid down by the State.

Headnote:Service Jurisprudence -Revised Scales of Pay-Recommended by UGC on the basis of Orissa Government’s Resolutions dated 6.10.1989 and 6.11.1989 in Education and Youth Service Department-The High Court struck down the note to paragraph 2(1) of Government Resolution dated 6.11.1990 defining meaning of colleges covered under Resolution -Appeal to Supreme Court-Whether Government Resolution of 6.11.90 deprives teachers of +2 institutions or intermediate colleges of the benefit of earlier Resolution dated 6.10.89? (No)-Whether Government Resolution of 6.11.90 curtails the scope of Resolution dated 6.10.1990? (No)-Whether cut off date of 1.4.1989 prescribed in these two Resolutions is arbitrary and irrational as held by High Court? (No)-Appeals allowed. (Paras 9, 10 and 13)
       Held : The Resolution of 6th of November, 1990 therefore, cannot be challenged on the ground that it deprives the teachers of +2 institutions or Intermediate colleges of the benefit of the Resolution of 6th of October, 1989 even though their colleges may have received affiliation for Degree courses subsequent to 1st of April, 1989. Neither of the two Resolutions intended such colleges to have the benefit of revised pay scales under those Resolutions. (Para 9)
       Held also even under the Orissa Education Act which covers all educational institutions including colleges, the colleges require recognition under the Orissa Education Act. In order to be eligible to send up its students for a degree they require affiliation to a University under the Orissa Universities Act and for the purposes of grant-in-aid the private colleges require recognition by the State Government under the Orissa Education Act. Although direct payment schemes may apply not merely to Degree colleges but to other educational institutions including Intermediate colleges which do not require any affiliation to a University, the Resolution of 6th of October, 1989 in paragraph 3.1 refers expressly to affiliated colleges. This affiliation has a reference to affiliation to a University for a Degree course. In respect of such colleges, the direct payment scheme requires that the colleges should have concurrence from the Government and University affiliation. Therefore, these two Resolutions cover the same field and the Resolution of 6th November, 1990 does not curtail the scope of the Resolution of 6th of October, 1989. (Para 10)
       Further held : In the present case the State Government has decided to provide grants-in-aid to cover the revised U.G.C. scales of pay for those teachers in existing colleges which have received Government concurrence and University affiliation on or before 1st of April, 1989. The date has a direct nexus with the date of the decision to provide for such higher pay scales in the grant-in-aid to be given to the concerned colleges. The date which is so fixed cannot be considered as arbitrary or unreasonable. Colleges which have secured Government concurrence or affiliation from the University after 1st of April, 1989, therefore, cannot claim any right to the higher grant-in-aid contrary to the policy as laid down by the State. The High Court was, therefore, not right in coming to the conclusion that the Note to paragraph 2(1) of the Government Resolution of 6th of November, 1990, was arbitrary and unreasonable. (Para 13)
       Held consequently : The appeals are, therefore, allowed. The impugned judgments and orders of the High Court are set aside and the writ petitions filed by the respondents before the High Court are dismissed. There will, however, be no order as to costs. (Para 14)

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 in the impugned High Court judgments in the other appeals. Hence all these appeals have been heard together.

4. The State of Orissa by its Resolution dated 6th of October, 1989, decided to revise pay scales of teachers in colleges. In paragraph 2 of the Resolution it is stated that following the appointment of the Fourth Pay Commission for Central Government Employees, the University Grants Commission had appointed a Committee under the Chairmanship of Professor R.C. Meherotra to examine the present structure of the emoluments and conditions of service of University and College Teachers. After considering the recommendations of the Committee, the University Grants Commission submitted its recommendations to the Government of India for their consideration and implementation. The Government of India communicated its decision on the recommendations of the University Grants Commission to the State Government of Orissa by their letter dated 17th of June, 1987 and further clarifications on 17th September, 1987 and 22nd of July, 1988 and requested the State to implement the scheme in the State after taking local conditions into consideration. In paragraph 3 it stated that after careful consideration the State Government has been pleased to decide to implement the scheme of revision of pay scales for college teachers on the terms and conditions set out in that Resolution. Paragraph 3.1 of the Resolution is headed “coverage”. It provides as follows:-

“Coverage-The revised scales and other measures for improvement of standards in Higher Education shall be applicable to all categories of full time Teachers working in all affiliated Government Colleges and aided non-Government Colleges either covered or eligible to be covered under direct payment schemes till the 1st April 1989. The scheme will also be extended to full time eligible Teachers working in the College of Accountancy and Management Studies, Cuttack.”

In paragraph 3.3 pay scales of different categories of teachers in colleges are laid down. Sub-paragraph A deals with general colleges. The designations are of Lecturers, Lecturers (Senior Scale), Lecturers (Selection Grade), Reader, Professor and Principals of colleges. The Principals of colleges are further divided into (i) Degree Colleges, (ii) 3 post-graduate Colleges and (iii) Lead Colleges situated at State and District Headquarters and Colleges having post-graduate courses as per list appended. The list appended is of degree colleges.

5. Thereafter by a Government Resolution dated 6th of November, 1990, issued by the Government of Orissa, Education and Youth Services Department, the Government issued instructions to regulate the revision of scales of pay of different categories of teachers serving in aided non-Government colleges of the State pursu

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