Dhruba Charan Sha v. The Principal Secretary,Department of School and Mass Education,Bhubaneswar
2011-01-21
D.K.SAHU
body2011
DigiLaw.ai
ORDER Dr. D.K. SAHU, MEMBER (JUDICIAL) — All the four cases relate to similar question of facts and law. So, a common hearing has been made and a common order has been passed. Succinctly stated, the applicants of each of the cases have been appointed as Asst. teachers in M.E./UGME schools without having B.Ed. qualifications. While serving as such, they acquired B.Ed. qualifications. To get promotion to the rank of headmaster of the school, one should have B.Ed. qualification, i.e. trained graduate pass certificate. Each of the applicants have acquired such qualifications/certificates. But while granting promotion to the rank of headmaster their seniorities as Asst. teachers have not been considered. But one Gagan Ch. Das and others were given promotion, though they entered into service as Asst. teachers subsequent to the applicants. The applicants submit that B.Ed. qualification is the eligibility criteria for grant of promotion to the rank of headmaster. But such seniority should be reckoned from the date of entry into service as Asst. teachers. The applicants thus impugn the promotions given to one Gagan Ch. Das and others in the year 1993 and have filed these Original applications to grant them promotions from the date Gagan Ch. Das and others got promotions in view of their seniorities as Asst. teachers in respective schools. It is submitted that a larger bench of this Tribunal have held that the seniority should be reckoned from the date of entry as Asst. teachers for promotion to the rank of headmasters, provided that at the time of such promotion the incumbent has B.Ed. qualification. The applicants submit that in view of the larger bench decision of the Tribunal they have got fresh cause of actions to review this claim for antedated promotion. 2.The respondents have filed written counters in each of the cases. But in substance their submissions are same. It is submitted that in view of the previous instruction in the year 1991 seniority has been reckoned from the date of acquisition of B.Ed. degree. Accordingly, Gagan Ch. Das and others have been given promotion, as they had acquired B.Ed. degree prior to the applicants. 3.It is an admitted fact that the applicants had acquired B.Ed. qualifications by the time Gagan Ch. Das and others were given promotions. It is also an admitted fact that the applicants entered into service as Asst.teachers prior to those persons.
Das and others have been given promotion, as they had acquired B.Ed. degree prior to the applicants. 3.It is an admitted fact that the applicants had acquired B.Ed. qualifications by the time Gagan Ch. Das and others were given promotions. It is also an admitted fact that the applicants entered into service as Asst.teachers prior to those persons. 4.A larger bench of this Tribunal consisting of five members in O.A. No. 609/1994 and other two cases (Surendranath Pal vrs. State of Orissa and others) in their order dated 5.12.2009 have held that the post of headmasters which had fallen vacant prior to 12.8.1997 was to be filled up by giving promotion to the assistant teachers having trained graduate qualification, taking into consideration their seniorities from the date of their entries into service as assistant teachers. 5.It is thus directed that the applicants of these O.As. be given notional promotion in the post of headmasters in accordance with the date of their entry into service as assistant teachers. Their pay be accordingly fixed and evaluated giving admissible increments and be revised as per ORSP Rules. But that pay be paid to them from the date of their actual promotion to the rank of headmaster and they are also entitled to other service benefits including pension etc. The applicant of O.A. No. 149/10 has since retired from service. His pension be accordingly calculated and fixed. This exercise be completed within four months from communication of this order. 6.The O.A. is disposed of accordingly with the above directions. No order as to cost. O.A. disposed of.