The main legal point established in the judgment is that an employee is entitled to the time bound advancement scale of pay on completion of 15 years of service in the same 'post' or 'grade', despite acquiring higher qualifications and a higher scale of pay.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who was working as Hindi Teacher in Brundaban Vidyapitha, Markandpur in the district of Jagatsinghpur, has filed this writ petition to quash the order dated 22.09.2005 passed by the authority in rejecting his claim for grant of time bound advancement scale of pay on completion of 15 years of service in one post, and further seeks direction to the opposite parties to allow him to get the time bound advancement scale of pay on completion of 15 years of service of his initial date of appointment, i.e., 02.07.1982 and pay differential amount with admissible interest within a stipulated time.

2. The factual matrix of the case, in hand, is that the petitioner was appointed as Hindi Teacher in Brundaban Vidyapitha, Markandpur in the district of Jagatsinghpur w.e.f. 02.07.1982. The said school became aided educational institution w.e.f. 01.03.1987. As the petitioner acquired higher 'Ratna' qualification on 25.10.1996 from Rastrabhasa Prasar Samiti, Wardha and subsequently HTTC, Hindi Training qualification on 29.12.1999, accordingly the basic scale of pay of the petitioner was enhanced under the Orissa Revised Scale of Pay Rules, 1998. The Government adopted time bound advancement pay scale to the teachers, who completed 15 years of service in the same grade or post prior to 01.01.1995 and, as such, the benefit was extended to similarly situated persons under the Orissa Revised Scale of Pay Rules, 1998. As the said benefit was not extended to the petitioner, he filed representation before opposite party no.3-Circle Inspector of Schools, Jagatsinghpur through proper channel, which was duly forwarded by the Headmaster of the school on 19.02.2003. The claim of the petitioner having not been acceded to by the Circle Inspector of Schools, Jagatsinghpur, he approached this Court by filing W.P.(C) No.6811 of 2003, which was disposed of vide order dated 07.01.2004 directing the Circle Inspector of Schools, Jagatsinghpur to consider the representation of the petitioner within a period of two months.

2.1 Since the order of this Court was not complied with, the petitioner filed CONTC No.1457 of 2005. In the same, Circle Inspector of Schools, Jagatsinghpur on being noticed filed show cause. The said contempt petition was finally heard on 18.06.2010 and was dropped taking into consideration the unconditional apology tendered by the Circle Inspector of Schools, Jagatsinghpur for unintentional delay. This Court construing that there was prima facie case of contempt, instead of proceeding under the Contempt of Courts Act, though accepted the show cause filed, but imposed a cost of Rs.1000/-against the then Circle Inspector of Schools, Jagatsinghpur. In the show cause affidavit, it was specifically stated that the petitioner is not entitled to the time bound advancement scale of pay, as he had not completed 15 years of service in one post by 02.10.1989, i.e., prior to the date of withdrawal of scheme by the Government. It was further stated, as the petitioner was allowed trained scale of pay of Rs.4500-7000/- as on 29.12.1999, he would be entitled to the time bound advancement benefit on completion of 15 years, i.e., on 25.12.2014. The rejection of time bound advancement scale of pay was on the ground that the petitioner had been allowed trained scale of pay of Rs.4500-7000/- as on 29.12.1999 after acquiring the higher qualification. Hence this application.

3. Mr. B. Parida, learned counsel for the petitioner contended that the time bound advancement scale of pay is applicable on completion of 15 years of service from the date of initial appointment with same 'post' or 'grade' and admittedly the petitioner joined in the post on 02.07.1982 and due to stagnation in the post and as there is no avenue for promotion, on completion of 15 years of service in the said post, the petitioner is entitled to get the time bound advancement scale of pay after 02.07.1997. It is further contended that the petitioner acquired