Back
IN THE HIGH COURT OF ORISSA, CUTTACK
A.K. RATH, J.
Jasobanta Mohanty - Petitioner
Versus
State of Orissa and others - Opposite parties
O.J.C. No.2124 of 1998
Decided On : 16-07-2016
Trained Graduate Scale of Pay - Appointment Dispute - XIV EDET 5/83, 5680 EYS - The court discussed the provisions of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 and the decision of the Government communicated in the letter No. XIV EDET 5/83, 5680 EYS dated 7.2.1983. The court emphasized that there is no bar to allow trained scale of pay to all untrained graduates appointed against a trained graduate post as soon as they acquire the training qualification. The court also highlighted that the revised yardstick did not deprive teachers of the trained graduate scale of pay and that the prior approval of the Government would not be necessary for granting a higher scale of pay to teachers who had acquired trained qualification while holding their appointments against the Trained Graduate Posts.
Fact of the Case:
The petitioner sought a direction to allow him to draw trained graduate scale of pay from the date of acquiring B.Ed. qualification. He was appointed as an Assistant Teacher in the trained matric post and later adjusted to a trained graduate post. The authorities denied him the trained graduate scale of pay after he acquired B.Ed. qualification.
Finding of the Court:
The petitioner is entitled to trained graduate scale of pay from the date he acquired B.Ed. qualification and arrear salary for a period of three years prior to the date of filing the writ application. His pensionary benefits shall be calculated accordingly.
Issues: The main issue was whether the petitioner was entitled to the trained graduate scale of pay from the date he acquired B.Ed. qualification and arrear salary for a period of three years prior to the date of filing the writ application.
Ratio Decidendi: The court held that there is no bar to allow trained scale of pay to all untrained graduates appointed against a trained graduate post as soon as they acquire the training qualification. The court also emphasized that the revised yardstick did not deprive teachers of the trained graduate scale of pay and that the prior approval of the Government would not be necessary for granting a higher scale of pay to teachers who had acquired trained qualification while holding their appointments against the Trained Graduate Posts.
Final Decision: The writ application is allowed. The petitioner is entitled to trained graduate scale of pay from the date he acquired B.Ed. qualification and arrear salary for a period of three years prior to the date of filing the writ application. His pensionary benefits shall be calculated accordingly. The entire exercise shall be completed within a period of six months.
JUDGMENT :
A.K. Rath, J.
By this writ application under Article 226 of the Constitution of India, the petitioner has prayed inter alia for a direction to the opposite parties to allow him to draw trained graduate scale of pay with effect from the date of acquiring B.Ed. qualification.
2. Case of the petitioner is that he was appointed as an Assistant Teacher in the trained matric post in Nimpur Sasan High School on 15.7.1969 by the Managing Committee of the school. The school in question was established in the year 1969. It got recognition in the year 1971 and came under the fold of grant-in-aid scheme in the year 1974. He was adjusted against the trained intermediate post with effect from 24.4.1976. The post was upgraded to a trained graduate post. While the matter stood thus, he passed B.Ed examination in May, 1984 and the result thereof was published on 13.5.1985. After he became a trained graduate, he is entitled to get trained graduate scale of pay as per the notification of the Government vide letter no. XIV EDET 5/83, 5680 EYS dated 7.2.1983. Thereafter he approached the authorities for allowing him trained graduate scale of pay from 13.5.1985, but the same was denuded. With this factual scenario, the writ application has been filed.
3. Pursuant to issuance of notice, a counter affidavit has been filed by opposite party no.3. It is stated that the Managing Committee of Nimapur Sasan High School appointed the petitioner as an Assistant Teacher, 5th Trained Graduate without observing the principles of Yardstick, 1981 prescribed by the Government. Only one science graduate is working in the school. The yardstick of the year 1981, which came into force with effect from 1.6.1983, prescribed that in the aided high schools there shall be four trained graduate teachers excluding the headmaster. Amongst those four trained graduate teachers, two must be trained arts graduate and two must be science graduate. From those two science graduates, one must be of P.C.M. group and another must be from C.B.Z. group. The post against which the present petitioner was continuing is the 5th post which is exclusively meant for a science graduate having C.B.Z combination. The same is earmarked for the trained graduate teacher having C.B.Z. group of subject. The petitioner, being a B.A. B.Ed., cannot be accommodated against such post and as such no approval can be granted.
4. An identical question came up for consideration before this Court in the case of Madhab Chandra Podh Vrs. State of Orissa and 4 others, 1998 (II) OLR-334. The petitioner was appointed against an I.A.C.T. post on 22.2.1973 in Sachidananda High School in the district of Bolangir. The post he was holding was upgraded with effect from 28.1.1975 to a trained graduate post. He continued in that post in the scale of pay of I.A.C.T. Teacher as he was a graduate. In December, 1983 he became a trained graduate. In accordance with the decision of the Government in its letter No.XIV EDET 5/83, 5680 EYS dated 7.2.1983 addressed to the Deputy Director of Public Instructions, Orissa, he was entitled to the trained graduate scale of pay. The grievance of the petitioner was that though he was continuing against a trained graduate post, yet he was refused to be granted the trained graduate scale of pay since the date of his acquiring such qualification.
5. Relying on the letter No. XIV EDET 5/83, 5680 EYS dated 7.2.1983 addressed to the Deputy Director of Public Instructions, Orissa, the State of Orissa justified its action. This Court held thus:-
“In the decision of the Government communicated to the Deputy Director of Public Instructions on 7.2.1983 it was decided that there is no bar to allow trained scale of pay to all untrained graduate appointed against a trained graduate post as soon as he acquires training qualification. This decision was being taken by the Government in the background of the fact as to whether there was any necessity to amend the Rule 8(2)(b) of the Orissa Education (Recru
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
