Summary
Employees sought salary grant-in-aid under the 1994 Odisha scheme after its replacement by a block-grant scheme. The Court held that qualifying service and appointments did not themselves create an accrued right: aid depended on timely applications, statutory conditions, scrutiny and the State’s annual financial capacity. The saving clause protected existing sanctioned aid, not fresh claims under the repealed scheme. The State’s appeals were allowed and the employees’ appeals dismissed.
Issues
- Whether eligibility under the 1994 scheme created an accrued right surviving repeal.
- Whether delayed claims or parity with earlier favourable orders entitled employees to salary grant-in-aid.
Provisions considered
- Section 7-C, Orissa Education Act, 1969Grant-in-aid depends on the statutory scheme, annual allocation and economic capacity; recognition alone does not confer entitlement. (¶¶ 2, 16)
- Section 6, General Clauses Act, 1897Accrued rights are distinguished from an expectation of acquiring a discretionary benefit; the specific repeal-and-saving provisions govern. (¶¶ 22, 24, 25, 26)
Held
- Completion of the qualifying period did not automatically entitle an institution or employee to aid. Timely application and scrutiny of appointments, workload, institutional needs and other prescribed conditions were necessary. (¶¶ 16, 17, 18, 19)
- The 2004 saving clause continued aid for posts already receiving it under the 1994 scheme. Other eligible institutions could seek block grants under the replacement scheme; applications or expectations of fresh salary grants under the repealed scheme were not preserved. (¶¶ 21, 26, 29, 31)
- The belated claims made in 2011–12 under the repealed order were also defeated by laches. Earlier erroneous favourable orders could not support a claim to negative equality. (¶¶ 19, 20, 30)
Result
The State’s appeals were allowed and the employees’ appeals dismissed. The contrary Tribunal and High Court orders were set aside; the decisions in Loknath Behera and Manas Purohit were upheld for the reasons stated. Parties were directed to bear their own costs.