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1997 Supreme(SC) 590

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


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. "

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