Judgment

VENKATARAMIAH, J. :- With effect from 1-1-1948 a number of princely States which were situated within the territories of the present State of Orissa were merged with the Province of Orissa as it then existed. On such merger the High Schools within the said princely States also came under the jurisdiction of the Province of Orissa. The said High Schools belonged to two categories - namely A type schools which were full-fledged High Schools which were actually sending candidates for the matriculation examination and B type schools which were incomplete schools not sending candidates for the matriculation examination. On the said High Schools being taken over by the Province of Orissa, the teachers serving in the said High Schools came under the control of the Government of Orissa. It then became necessary to make an order to regulate the services of the said teachers. The Government of Orissa in the Education Department issued a letter dt. 5-1-1949 to the Director of Public Instruction on the subject. The relevant portion thereof is extracted below :

"In the States the High Schools other than those at District Headquarters mentioned above will be of two types. The complete High Schools will be A type High Schools and the incomplete High Schools B type High Schools.

The A type schools will be similar to Government High Schools other than those at District Headquarters. The services of the staff of such High Schools will be pensionable and transferable and the teachers will get pay and dearness allowances at the rates prescribed for Government servants. Government will bear the whole of the recurring and non-recurring costs.

B type High Schools will be Government managed. The staff will get pay and allowances at rates prescribed for Government servants. The. Headmasters of those schools will be in the upper division of the S. E. S. The services of those teachers will not be pensionable. They will have the benefits of the Contributory Provident Fund to which Government will contribute at the rate of Re.-/1/- in the rupee of the salary. As regards recurring expenses of those schools Government will meet the difference between the standard cost and income from fees and other local subscriptions. As regards non-recurring expenditure Government will meet two-thirds of the cost.

The standard cost for the B type Government managed High Schools will consist of the following items :-

(a) ..............................

(b) The total contribution on Provident Fund deposited at the rate of Re.-/l/- in the rupee, and

(c) ............................

The Inspector of Schools will be the managing agent on behalf of the Government and the Headmaster will be the correspondent of a B type Government managed High School."

2. The appellant was appointed as an Assistant Teacher on a pay of Rs. 70/- per month in the pay scale of Rs. 70-140 plus admissible dearness allowance in one of the B type High Schools by the Inspector of Schools on 15-6-1953 after the commencement of the Constitution of India. He continued to work as an Assistant Teacher in one or the other of the B type High Schools to which he was transferred until Aug. 1, 1964 when the State Government published a rationalisation scheme for integrating the services of the teachers in different types of High Schools in the State of Orissa, namely, Zilla Schools, A type Government High Schools, B type High Schools, ex-District Board High Schools and ex-Anchal High Schools hereinafter collectively referred to as integrated High Schools. The relevant part of the scheme reads thus :- "No.18027-E Government of Orissa, Education Department Resolution 1st Aug., 1964

Sub :- Rationalisation of High Schools in

the State.

Government have under their own management quite a few types of High Schools in which conditions of service of the employees vary from category to category. This ununiformity in the patterns and in the conditions of service has not only evoked public criticism but also created certain admin