STATE OF MEGHALAYA Vs. RAID LABAN COLLEGE TEACHERS WELFARE ASSOCIATION
LAWS(MEGH)-2013-10-1
HIGH COURT OF MEGHALAYA
Decided on October 30,2013

STATE OF MEGHALAYA Appellant
VERSUS
Raid Laban College Teachers Welfare Association Respondents

JUDGEMENT

- (1.) This writ appeal is directed against the judgment and order dated 03.07.2009 passed by the learned Single Judge in WP(C)No. 192(SH) 2008, whereby the writ petition has been allowed with the direction to the respondents No. 1 and 2 (present appellants) to release the arrears of adhoc grant-in-aid of Raid Laban College, w.e.f. 01.01.2007, and the respondents No. 3 and 4 are directed to take amount from adhoc grant-inaid sanctioned by the Government for payment towards pay and dearness allowances of teaching and non-teaching staff of the college.
(2.) Heard learned counsel for the parties and perused the record.
(3.) Brief facts of the case are that the petitioner No. 1 is a registered association of Teachers Welfare of Raid Laban College, Shillong, and the petitioner No. 2 Dr. Alicia Gatphoh is the President of the said Association. It is stated that Raid Laban College, Shillong, started getting adhoc grant-in-aid since 1986-87 from the Government of Meghalaya under Meghalaya Aided Colleges Maintenance Grant-in-Aid Rules, 1986. Under the Grant-in-Aid Scheme, the State Government agreed to bear 75% of the recurring expenditure of pay and dearness allowances in respect of the sanctioned posts of teaching and non-teaching staff of the college while the remaining 25% was to be borne by the Governing Body of the College. The deed was executed by the Governing Body of the College in compliance of the provisions of Grant-in-Aid Rules. However, the grant-in-aid was required to be given under certain conditions mentioned in the Rules. The college received the adhoc grant year after year till 2006. The Raid Laban College is stated to be recognized by the University Grants Commission (UGC) under Section 2(f) and Section 12(b) of UGC Act, 1956. It has permanent affiliation with the North Eastern Hill University (NEHU), Shillong. The adhoc grant-in-aid was discontinued to the Raid Laban College w.e.f. 01.01.2007, while the other colleges continued to get the same. It is alleged by the petitioners that stoppage of adhoc grant-in-aid by the State Government to the college is arbitrary and discriminatory. As such the prayer was made in the writ petition for quashing the resolution dated 03.04.2008 passed by respondents No. 3 and 4 regarding discontinuance of the adhoc grant-in-aid to the college. A further prayer is made in the writ petition that judgment and order dated 23.04.2008 passed in WP(C)No. 26(SH) of 2008 be reviewed.;


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