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2011 DIGILAW 16 (ORI)

LAMBODHARA PANDA v. STATE OF ORISSA

2011-01-07

B.P.DAS, S.PANDA

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JUDGMENT : B.P. Das, J. - The petitioner while continuing as an Assistant Teacher in Khandadeula M.E. School in the district of Mayurbhanj against the Trained Matric post, has filed this writ petition seeking a direction to the opposite parties to fix his scale of pay at Rs. 1080-1800 from 1.5.1989 in terms of the Govt. Resolution dated 28.6.1991. 2. The brief facts as delineated in this writ petition, tend to reveal as follows:- 2.1 Pursuant to the appointment order dated 2.1.1972 issued by the Managing Committee, the petitioner who was then a Matriculate, joined the LAMBODHARA PANDA -V- STATE OF ORISSA [ B. P. DAS, J.] school as an Assistant Teacher (Trained Matric) on 3.1.1972. While continuing as such, he passed the intermediate examination on 9.8.1975. Thereafter the petitioner represented to the authorities for sanction of untrained Intermediate scale of pay, i.e. Rs. 265-360/- and accordingly the said scale was sanctioned in favour of the petitioner with effect from 9.8.1975 as per Orissa Revised Scales of Pay (ORSP) Rules, 1974. Thereafter, the Government of Orissa, Department of Education and Youth Services, vide its letter No. 28292 dated 10.8.1979 permitted to appoint untrained persons with higher qualification in M.E. Schools against Trained Matric Posts. Though such teachers were untrained, as they were having higher qualification, they were allowed to draw untrained Intermediate scale of pay. The petitioner was also allowed the untrained intermediate scale of pay i.e. Rs.265-360/- from 9.8.1975 which was at par with Trained Matric Scale of Pay. When the ORSP Rules, 1981 came into force, the petitioner was also allowed the revised scale of pay. Again when the 1985 ORSP Rules came into operation, the scale of the petitioner was fixed in the untrained Intermediate Scale of pay of Rs.840-1240/-. However, after introduction of ORSP Rules, 1989, the petitioner's pay was fixed in the scale of pay of Rs 975-1660/-, instead of Rs. 1080-1800/-. 2.2 Against the aforesaid discrimination, the petitioner filed a writ application being OJC No. 8439 of 1997, which was disposed of on 12.9.2000 with a direction to the present opposite parties to reconsider the claim of the petitioner for allowing him the scale of pay of Rs. 1080-1800/-. 2.2 Against the aforesaid discrimination, the petitioner filed a writ application being OJC No. 8439 of 1997, which was disposed of on 12.9.2000 with a direction to the present opposite parties to reconsider the claim of the petitioner for allowing him the scale of pay of Rs. 1080-1800/-taking into consideration the Resolution of the Government in the Department of Education & Youth Services bearing No.28292-YES dated 10.8.1979 and take a decision with regard to fixation of scale of pay as per the 1989 Revised Pay Rules. 2.3 Thereafter the representation made by the petitioner was rejected by O.P.2-Director of Elementary Education, Orissa by his order dated 17.5.2001 (Annexure-10) on the ground that the petitioner was an untrained teacher having I.A. qualification and was enjoying scale of pay Rs.840-1240/- and advancement scale of pay Rs.840-1345/- under ORSP Rules 1985. As per the prescribed provisions of the ORSP Rules, 1989 and its amended Rules, 1990, read with Government Resolution No. 3006 OE/ 28.6.1991, the pay of the petitioner has been rightly fixed in the scale of pay of Rs.975-1660/- and the petitioner is not entitled to scale of pay of Rs. 1080-1800/-. Challenging the order in Annexure-10, the present writ application has been filed. 3. Mr. Acharya, learned counsel for the petitioner submits that as per the ORSP Rules, 1985, the scale of pay of untrained intermediate teachers was Rs.840-1240/-. As per Government Resolution dated 28.6.1991, INDIAN LAW REPORTS, CUTTACK SERIES [2011] consequent upon revision of pay of teaching and non-teaching posts in Government Educational Institutions under the ORSP Rules, 1989 and the ORSP (Amendment) Rules, 1990 and in pursuance of the Finance Department Resolution No. 37376-F dated 3.10.89 and No. 25667-F dated 27.7.90, Government was pleased to decide to allow the Revised Scales of Pay to their counter-part posts in the aided Non- Government educational institutions with effect from 1.5.1989. This Resolution came into force with effect from May, 1989. Under Annexure-B to the said Resolution, untrained Intermediate and trained Matriculate teachers were given one scale of pay, i.e. Rs. 1080-1800/-, whereas untrained Matric teachers were given the scale of pay of Rs.950-1500/-. 4. This Resolution came into force with effect from May, 1989. Under Annexure-B to the said Resolution, untrained Intermediate and trained Matriculate teachers were given one scale of pay, i.e. Rs. 1080-1800/-, whereas untrained Matric teachers were given the scale of pay of Rs.950-1500/-. 4. Counter affidavit has been filed by the opposite parties taking a stand that under the 1989 revision of pay, the untrained Intermediates who were drawing trained Matric scale of pay as per Government Resolution dated 31.3.1982 at the rate of Rs.840-1240/- have been allowed the scale of pay of Rs. 975-1660/-, whereas the trained Matriculates have been allowed the pay scale of Rs. 1080-1800/-, even though both classes were given the same scale of pay earlier. 5. From the above, it appears, in 1985 Pay Rules, the untrained Intermediate teachers and trained Matric teachers were allowed one scale of pay, whereas in 1989 revision of pay, the untrained Intermediate teachers, who were drawing trained Matric scale of pay, have been allowed the scale of pay of Rs. 975-1660/- and the trained Matric teachers have been allowed the scale of pay of Rs. 1080-1800/-. The letter bearing No. XIIEP.Sch.9/82 29253/EYS dated 25.8.82 (Annexure-4) reveals that a decision has been taken to the effect that untrained persons having higher qualification already continuing as teachers in Primary, M.E. Schools and High Schools against trained Matric posts and enjoying fixed salary of Rs.225/-P.M. will also get the scale prescribed for trained matriculates with effect from the date of issue of that resolution and they may continue against the posts in the above scale of pay if they like. 6. From the aforesaid, it appears that decision has been taken by the State Government to allow the untrained persons having higher qualification and continuing as teachers in Primary, M.E. Schools and High Schools against trained Matric posts and enjoying fixed salary of Rs.225/- P.M. will also get the scale of pay prescribed for Trained Matriculate. Therefore, according to the petitioner, he is entitled to get the benefit of the Resolution under Annexure-4. LAMBODHARA PANDA -V- STATE OF ORISSA [ B. P. DAS, J.] 7. Now learned counsel for the School & Mass Education Department places reliance on the Finance Department Notification dated 12.9.1990 (Annexure-B/3) and submits that the scale of pay, which the petitioner is claiming, is no more in existence in the said notification. LAMBODHARA PANDA -V- STATE OF ORISSA [ B. P. DAS, J.] 7. Now learned counsel for the School & Mass Education Department places reliance on the Finance Department Notification dated 12.9.1990 (Annexure-B/3) and submits that the scale of pay, which the petitioner is claiming, is no more in existence in the said notification. We also find that no such scale of pay, which the petitioner claims, is available. 8. In our considered opinion, the resolution dated 12.9.1990 will no way come to the help of the State Government as the petitioner is protected by a decision taken in Annexure-4. The petitioner is entitled to get the benefit of the scale of pay of untrained Intermediate Teacher. That apart, the petitioner has already enjoyed the said scale of pay from 1975 to 1989. 9. In view of the above, we allow the writ application. Since the petitioner has already retired from service, we direct the opposite parties to compute his arrear differential salary and accordingly fix his pensionary benefit taking the scale of the pay of the petitioner as Rs. 1080-1800/- as per ORSP Rules, 1989, from the year 1989. The entire dues of the petitioner are paid within a period of three months from the date of communication of this order. No cost. Final Result : Allowed