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2019 Supreme(SC) 1077

L.NAGESWARA RAO, HEMANT GUPTA
Director Of Elementary Education, Odisha – Appellant
Versus
Pramod Kumar Sahoo – Respondent


Advocates Appeared:
For the Petitioner(s):Shibashish Misra, S. Debabrat A Reddy, Advocates
For the Respondent(s):Bharat Sangal, Vidushi Garg, Nagarkatti Kartik Uday, Laimon Rani Boro, Babita Kushwaha, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the High Court of Orissa on March 3, 2016 whereby, the writ petition filed by the appellant challenging the order passed by the Odisha Administrative Tribunal [for short ‘the Tribunal’] on February 19, 2010 remained unsuccessful. The Tribunal has directed the appellant to grant pay scale of Trained Intermediate Arts Teacher i.e. Rs.1080/--Rs.1800/-.

2. The respondent was appointed under the Rehabilitation Assistance Scheme bearing order dated August 06, 1988 after death of his father Basanta Kumar Sahoo. He joined on August 10, 1988 as Primary School Teacher in pursuance of the said order in the pay scale of Rs.780/--Rs.1140/-with D.A. as admissible. The respondent has intermediate qualification at that time and had appeared for B.A. examination when he was appointed as Primary School Teacher against the Matric Teachers Certificate Post. The said pay scale is payable to Untrained Teachers having Matric qualification, whereas pay scale of Rs.840/--Rs.1240/-is the pay scale granted to Trained

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