STATE OF ORISSA AND ANR. versus ASWINI KUMAR DASH AND ORS. ETC.

STATE OF ORISSA AND ANR. versus ASWINI KUMAR DASH AND ORS. ETC.

The note to paragraph 2(1) of the Government Resolution dated 6th November 1990 is not arbitrary or unreasonable; both Resolutions cover the same field, and the cut-off date for eligibility for grant-in-aid and revised pay scales is valid as it has a direct nexus with government policy. Teachers in colleges that received affiliation and concurrence after 1st April 1989 are not eligible for the revised pay scales under the Resolutions.

Parties
Appellant: State of Orissa; Respondent: Aswini Kumar Dash; Respondent: Ajit Pudussery
Jurisdiction
India
Judgment Date
17 March 1998
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals allowed
Legal Topics
Revision of Pay Scale, Aided Non Government Colleges, Government Resolutions, Eligibility for Revised Pay Scales, Cut Off Date, Grant in Aid Policy
Service Law Revision of Pay Scale Aided Non Government Colleges Government Resolutions Eligibility for Revised Pay Scales Cut Off Date Grant in Aid Policy

Case Brief

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Parties

State of Orissa

Appellant

Aswini Kumar Dash

Respondent

Ajit Pudussery

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the note to paragraph 2(1) of the Government Resolution dated 6th November, 1990 is arbitrary and unreasonable
  2. 2 Whether the cut-off date of 1st April 1989 for eligibility for grant-in-aid and revised pay scales is valid

Ratio Decidendi

The note to paragraph 2(1) of the Government Resolution dated 6th November 1990 is not arbitrary or unreasonable; both Resolutions cover the same field, and the cut-off date for eligibility for grant-in-aid and revised pay scales is valid as it has a direct nexus with government policy. Teachers in colleges that received affiliation and concurrence after 1st April 1989 are not eligible for the revised pay scales under the Resolutions.

Court Disposition

appeals allowed

Orders

  • Impugned judgments and orders of the High Court are set aside
  • Writ petitions filed by the respondents before the High Court are dismissed