The main legal principle established is that under the Grant-in-Aid Scheme, a lecturer is entitled to payment of salary from the date of acquiring the requisite qualification, as clarified by the Government's resolution and clarification.

Headnote:
Grant-in-Aid Scheme - Qualification for Lecturers - Entitlement to Payment of Salary
Fact of the Case:

The case involved a dispute over the entitlement to payment of salary under the Grant-in-Aid Scheme for a lecturer who initially lacked the requisite qualification but acquired it later.
Finding of the Court:

The court found that the lecturer would be eligible for the benefit of the grant-in-aid from the date of acquiring the qualification, which in this case was 10/07/1987, and onwards.
Issues: The main issue was whether the lecturer was entitled to receive grant-in-aid for payment of salary from the date of initial appointment or from the date of acquiring the qualification.
Ratio Decidendi: The court relied on the Government's clarification and resolution regarding the qualification for recruitment of lecturers, and concluded that the lecturer would be eligible for the grant-in-aid from the date of acquiring the qualification.
Final Decision: The appeal was allowed, and the order of the High Court was modified to grant the lecturer the benefit of the grant-in-aid from the date of acquiring the qualification. No costs were awarded.

Judgment

( 1 ) JUDGMENT :- 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 5/01/1987 that unqualified Lecturers having minimum second class, i. e. , 48 Per Cent or above and below 54 Per Cent 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 13/09/1985 issued by the Government prescribes the qualification 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 Per Cent marks and a second class Honour/pass in the B. A. /b. Com. /b. Sc. examination. " Respondent No. 1 secured 53. 9 Per Cent marks, which is almost equivalent of 54 Per Cent marks, on 10/07/1987. 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 10/07/1987, he will be eligible to the benefit of the grant-in-aid w. e. f. 1/08/1987 and onwards.

( 4 ) THE appeal is accordingly allowed and the order of the High Court passed on 23/04/1996 on OJC No. 3548/96, to that extent stands modified. No. costs. Appeal allowed.

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1997 Supreme(SC) 590

Supreme Court Of IndiaDecided On : (March 31, 1997)STATE OF ORISSA VersusDAMODARNAYAK

The main legal principle established is that under the Grant-in-Aid Scheme, a lecturer is entitled to payment of salary from the date of acquiring the requisite qualification, as clarified by the Government's resolution and clarification.

Supreme Court Of India
Decided On : (March 31, 1997)
STATE OF ORISSA
Versus
DAMODARNAYAK