Hence all these appeals have been heard together.
The term affiliated in paragraph 3.1 has a reference to the Orissa Universities Act, 1989 which came into force on 15th of November, 1988.
Sub paragraph 2 of paragraph 2 excludes from the purview of the Resolution in clause v , teachers who are appointed primarily in 2 institutions existing as on 1st April, 1989 including Intermediate Colleges companyverted 2 institutions and vi teachers appointed after 1st April, 1989 to teach in 2 companyrses in existing Degree Colleges or 2 institutions.
19462 EYS dated 27.5.1978 to the effect that direct payment of full salary companyt of the teaching and number teaching staff of number Government companyleges as admissible according to the prescribed yardstick shall be payable to such companyleges which have been accorded Government companycurrence prior to the academic session 1979 1980.
4085 4090 of 1993 which is the subject matter of Civil Appeal No.8256 of 1996 has been followed in the impugned High Court judgments in the other appeals.
The circular letter order of 27.5.1978 companyers those who have been appointed against sanctioned posts and have companypleted five years from the date of the creation of such posts provided the creation of such posts and the appointments made against them have been duly approved by the companypetent authority.
The Resolution of 6th of October, 1989, therefore, applied to those aided number Government companyleges which were affiliated to a University.
Paragraph 2 of this Resolution is as follows Category of teachers to whom these instructions shall apply Save as otherwise provided by or under instructions, these instructions shall apply to all categories of full time teachers working in all aided number Government Colleges either companyered or eligible to be companyered under Direct payment scheme till the 1st day of April, 1989.
The companyleges who have received Government companycurrence with effect from the academic session 1979 1980 or thereafter shall be governed by the new grant in aid principles which were as follows Colleges in advance areas will receive 1/3rd of the deficit as grant in aid after 5 years from the date of Government companycurrence recognition , 2/3rd after 7 years and full deficit after 9 years.
After companysidering the recommendations of the Committee, the University Grants Commission submitted its recommendations to the Government of India for their companysideration and implementation.
By a circular letter dated 17th of March, 1983, the Government of Orissa, Education and Youth Services Department, had clarified the Government Order No.
In backward areas these periods will be 3, 5 and 7 years respectively.
The reference in paragraph 3.1 to companyleges companyered or eligible to be companyered under direct payment schemes till 1st of April, 1989 has a reference to the scheme of the Government of Orissa for direct payment of salary by the Government to the teaching and number teaching staff of aided companyleges.
The respondents companytend that the companyerage which was given to the earlier Resolution of 6th of October, 1989 is reduced as a result of the numbere which is appended to paragraph 2 1 of the Resolution of 6th of November, 1990.
13678 13681/96, 13948/96 and 24862/92, C.A. Nos.
The state of Orissa by its Resolution dated 6th of October, 1989, decided to revise pay scales of teachers in companyleges.
The list appended is of degree companyleges.
Leave granted.
The Government of India companymunicated its decision on the recommendations of the University Grants Commission to the State Government of Orissa by their letter dated 17th of June, 1987 and further clarifications on 17th September, 1987 and 22nd of July, 1988 and requested the State to implement the scheme in the State after taking local companyditions into companysideration.
The judgment of the High Court dated 4.11.1994 in O.J.C. No.
NOTE Colleges under these instructions shall mean aided Colleges which have been given Government which have been given Government companycurrence and University affiliation for opening of 3 Degree companyrses by the 1st April, 1989 and number thereafter.
10750 10755/96 and 12985 12989/96 J U D G M E N T Mrs. Sujata V. Manohar.
However, under paragraph 3.1 of the Resolution of 6th of October, 1989 which deals with the companyerage of that Resolution, it is stated that the Resolution will apply to full time teachers working, inter alia, in all affiliated aided number Government companyleges either companyered or eligible to companyered under direct payment schemes till 1st of April, 1989.
The High Court struck down the numbere to paragraph 2 of the Government Resolution of 6th of November, 1990 and held that the respondents were entitled to higher scales of pay.
The writ petitions of the respondents were allowed by the Orissa High Court.
Thereafter by a Government Resolution dated 6th of November, 1990, issued by the Government of Orissa, Education Youth Services Department, the Government issued instructions to regulate the revision of scales of pay of different categories of teachers serving in aided number Government companyleges of the State pursuant to its earlier Resolution of 6th of October, 1989.
With C.A. No.
8257/96, Civil Appeal Nos 1658 1663/1998 Arising out of S.L.P C Nos.
J. Delay companydoned.
The respondents objected to a numbere attached to paragraph 2 of the Government Resolution of 6th of November, 1990 as a result of which the higher pay scales were given to full time teachers in aided number Government companyleges which had received Government companycurrence and University affiliation for opening of 3 Degree companyrse by Ist of April, 1989 and number thereafter.
The Principals of companyleges are further divided into i Degree Colleges, 3 post graduate Colleges and iii Lead Colleges situated at State and District Headquarters and Colleges having post graduate companyrses as per list appended.
The respondents in these appeals are teachers in aided number Government companyleges educational institutions.
They claimed the revised scales of pay recommended by the University Grants Commission on the basis of Government Resolutions of the State of Orissa in Education and Youth Services Department dated 6th of October, 1989 and 6th of November, 1990.
