State of Orissa and Another Vs. Damodar Nayak and Another - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/659712 |
| Subject | Constitution;Service |
| Court | Supreme Court of India |
| Decided On | Mar-31-1997 |
| Case Number | Civil Appeal No. 2666 of 1997 |
| Judge | K. Ramaswamy and; D.P. Wadhwa, JJ. |
| Reported in | AIR1997SC2071; 85(1998)CLT1(SC); JT1997(4)SC588; 1997(3)SCALE544; (1997)4SCC560; [1997]3SCR456 |
| Appellant | State of Orissa and Another |
| Respondent | Damodar Nayak and Another |
| Advocates: | P.N. Misra, Adv |
| Prior history | From the Judgment and Order dated 23.04..96 of the Orissa High Court in O.J.C. No.3548 of 1996 |
Excerpt:
- indian penal code, 1890 section 96: [dr.arijit pasayat & asok kumar ganguly,jj] right of private defence availability held, it is a question of fact to be determined on facts and circumstances of each case. no test in abstract for determining such a question can be laid down.section 96: plea as to private defence held, burden of proof is on the accused. burden stands discharged by showing preponderance of probabilities is favour of that plea. section 96: right of private defence - accused taking plea of private defence held, held, he need not required to call evidence. he can establish his plea by reference to circumstances transpiring from prosecution evidence itself. section 96 : right of private defence -injuries on body of accused person held, presumption cannot necessarily..........almost equivalent of 54% marks, on march 21, 1989. therefore, the question arises : whether the second respondent is entitled to receive grant-in-aid for payment of salary to the first respondent from the date of his acquiring qualification or from the date of initial appointment? admittedly, since the first respondent on the date of his appointment was not possessing the requisite qualification and acquired the same only on march 21, 1989 he will be eligible to the benefit of the grant-in-aid w.e.f. april 1, 1989 and onwards.4. the appeal is accordingly allowed and the order of the high court passed on april 23, 1996 in ojc no. 3548/96, to that extent stands modified. no costs.
Judgment:K. Ramaswamy and D.P. Wadhwa, JJ.
1. 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 1976. The Government issued clarification on January 5, 1987 that unqualified lectures having minimum second class, i.e., 48% or above and below 54% 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 September 13, 1983 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 Master's degree, i.e., 54% marks and a second class Honors/Pass in the B.A./B. Com./B.Sc. examination.' Respondent No. 1 secured 53.9% marks, which is almost equivalent of 54% marks, on March 21, 1989. Therefore, the question arises : whether the second respondent is entitled to receive grant-in-aid for payment of salary to the first respondent from the date of his acquiring qualification or from the date of initial appointment? Admittedly, since the first respondent on the date of his appointment was not possessing the requisite qualification and acquired the same only on March 21, 1989 he will be eligible to the benefit of the grant-in-aid w.e.f. April 1, 1989 and onwards.
4. The appeal is accordingly allowed and the order of the High Court passed on April 23, 1996 in OJC No. 3548/96, to that extent stands modified. No costs.