PRATAP KUMAR DUTTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, who are working as Lecturers in Utkalmani Gopabandhu Smruti Mahavidylaya, Sakhigopal, in the district of Puri have filed this application challenging the order dated 27.12.2013 passed by the Government of Orissa refusing to release their arrear salary on the ground of financial crunch.

(2.) Mr. K.K. Swain, learned counsel for the petitioners submits that the petitioners have been appointed as Lecturers in various subjects of the Utkalmani Gopabandhu Smruti Mahavidyalaya, Sakhigopal and their services have been duly validated pursuant to the Validation Act, 1998 and their appointments were also approved by the competent authority. Since they are entitled to grant-in-aid components from the Government, they claimed arrear salary for the period from 17.10.1998 till February 2002 and sought for release of the same forthwith. Such claim of the petitioners has been rejected vide Annexure-10 dated 27.12.2003 stating that due to unprecedented financial crunch faced by the State Government, adequate provision could not be made in the budget for payment of arrear grant-in-aid to the validated Lecturers. It is further stated that the current year's budget provision is not even adequate to meet the salary cost for 12 months of existing approved employees of different aided Non-Government Colleges of the State. It is further stated that as and when adequate funds will be made available for payment of arrear grant-in-aid to the validated Lecturers, the claim of the petitioners will be taken up without any discrimination, thereby rejected the claim of the present petitioner for release of arrear grant-in-aid. Such letter has been issued on 27.12.2003 and in the meantime ten years have elapsed and the petitioners have not been paid their legitimate claims.

(3.) When the matter was listed on 02.12.2013, Mr. Swain learned counsel for the petitioners brought to the notice of this Court the judgments passed by this Court in the case of Sanjib Kumar Pattnaik and others v. State of Orissa and others, (2002) 1 OLR 58 and Prafulla Kumar Sahoo v. State of Orissa and others, 2003 (1) OLR 91 wherein this Court held that Lecturers whose appointments are validated under the Statute are entitled to receive grant-in-aid towards their salary and arrear salary with effect from the date of commencement of the Validation Act, 1998. Learned State Counsel prayed time to go through the aforesaid judgments and submitted with regard to its applicability in the present case. But the opposite parties have not filed counter affidavit. Today when the matter is taken up, no instruction is forthcoming. Therefore, without awaiting for further instruction, the grievance of the petitioners is to be decided in accordance with the provision of law.