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2015 DIGILAW 263 (ORI)

Kanhu Charan Biswal v. State of Orissa

2015-04-20

M.M.PRAHARAJ

body2015
ORDER : 1. The applicant namely Kanhu Charan Biswal, a retired teacher has prayed for direction to the respondents to treat him as a trained graduate teacher w.e.f. 10.8.1970 instead of 28.1.1975 and for payment of benefits including differential salary in the trained graduate scale of pay for the period from 10.8.1970 to 28.1.1975 and service benefits as a trained graduate teacher w.e.f. 10.8.1970 etc. 2. The case of the applicant, in short, is that initially he was appointed as Assistant teacher against the T.I. post w.e.f. 3.9.1966 in an aided school and joined the said post on 3.9.1966? While the applicant was continuing as such, he was promoted to trained graduate post w.e.f. 10.8.1970 by virtue of resolution dated 7.9.1975 (Annexure-2) of the erstwhile managing committee. Subsequently, the State Government accorded approval of promotion of the applicant to the trained graduate post w.e.f. 28.1.1975 and he was allowed to such benefits from the said date and retired from his service in attaining the age of superannuation w.e.f. 31.1.2000. Learned counsel for the applicant further submitted that the school in question was taken over by the State Government w.e.f. 7.6.1994 by virtue of Govt. resolution dated 16.12.1994. At the time of his retirement the applicant was treated as a trained graduate teacher w.e.f. 28.1.1975 instead of 10.8.1970. Ventilating his grievances, the applicant has flied several representations to the respondents. Since no action was taken on his representations, the applicant finding no other alternative, has filed this O.A. with the above prayers. 3. Learned standing counsel on the basis of the averments made in the counter filed on behalf of respondent No. 3, submitted that initially the applicant was appointed in trained intermediate post with effect from 3.9.1966. The applicant was allowed to draw trained graduate scale of pay w.e.f. 28.1.1975 against the Additional Section of Class-X in order to adjust one Bhagaban Moharana and the same was approved by the Inspector of Schools, Puri Circle vide order dated 18.2.1977 in pursuance of letter dated 29.10.1975 of the Joint Director of Pubic Institution. The applicant had enjoyed trained graduate scale w.e.f. 28.1.1975 till his retirement. After his retirement the applicant is getting pensionary benefits from 1.2.2000. Since the applicant was not holding a post of trained graduate teacher prior to 28.1.1975 the question of getting trained graduate scale with retrospective effect does not arise. 4. The applicant had enjoyed trained graduate scale w.e.f. 28.1.1975 till his retirement. After his retirement the applicant is getting pensionary benefits from 1.2.2000. Since the applicant was not holding a post of trained graduate teacher prior to 28.1.1975 the question of getting trained graduate scale with retrospective effect does not arise. 4. Reiterating the plea as has been taken in the O.A. learned counsel for the applicant filed a rejoinder to the counter countering the stand taken in the counter that there was no sanctioned post in the trained graduate scale of pay during the date from which the applicant claims promotion to the trained graduate post. 5. Heard Mr. K.K. Swain, learned counsel for the applicant and Mr. S.K. Jee, learned standing counsel for S & ME. 6. Learned counsel for the applicant argued that after the school in question was taken over by the State Government by virtue of the Government resolution dated 16.12.1994 with effect from 7.6.1994, he became a Government servant with effect from 7.6.1994 and retired as a Government servant on 31.1.2000 on attaining the age of 58 years. Therefore, the cause of action subsisted for payment of arrears of salary till his retirement from Government service i.e. 31.1.2000 and this O.A. having been filed in 2001, i.e. within one year after the applicant made a representation to the Inspector of Schools is within the limitation period U/s. 21 of OAT Act, 1985. Learned counsel for the applicant further argued that the promotion of the applicant to the post of Trained graduate teacher was approved under Rule 8 (2) (b) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 with effect from 28.1.1975 and he was allowed to avail Trained Graduate scale of pay with effect from 28.1.1975. So, far as the question of limitation to file the present O.A. is concerned, learned counsel for the applicant relying on the Full Bench decision of the Hon'ble High Court reported in the case of Rama Panigrahi vs. State of Orissa and Others, 2003 (I) OLR 438 argued that the claim of the applicant is very much within the jurisdiction of this Tribunal, since the cause of action arose during the aided period after the school was taken over by the State Government with effect from 7.6.1994. 7. 7. On the other hand, learned standing counsel argued that the present O.A. is hopelessly barred by limitation as the applicant claims the benefit after 25 years from the real date of cause of action. That apart, the applicant is not entitled for any financial benefit as his promotion to the post of trained graduate has been approved by the Director, Secondary Education, Orissa and Inspector of Schools, Puri Circe w.e.f. 28.1.1975 subject to availability of a post of trained graduate due to adjustment of one Bhagaban Moharana. 8. It may be mentioned here that initially the applicant was appointed as Assistant teacher against the T.I. post w.e.f. 3.9.1966 in an aided school. While the applicant was holding the intermediate post at the relevant time, by virtue of resolution dated 7.9.1975 (Annexure-2) of the erstwhile managing committee the applicant was promoted to the post of trained graduate teacher subject to approval by the DSE Orissa, but the same has not been approved by the DSE, Orissa. Rightly at the time of retirement, the applicant was treated as a trained graduate teacher w.e.f. 28.1.1975 instead of 10.8.1970. The applicant was only allowed to draw trained graduate scale of pay w.e.f. 28.1.1975 against the Additional Section of Class-X due to adjustment of one Bhagaban Moharana for Class-X (B) to 4th trained graduate post sanctioned for the school and the same was approved by the Inspector of Schools, Puri Circe, Puri vide order dated 18.2.1977 pursuant to letter dated 29.10.1975 of the Joint Director of Public Instruction. The applicant enjoyed trained graduate scale w.e.f. 28.1.1975 till his retirement and enjoying his pensionary benefits accordingly from 1.2.2000. Since Director Secondary Education did not approve the trained graduate scale to the applicant w.e.f. 10.8.1970, the applicant is not entitled to get such scale with retrospective effect. 9. The O.A. is dismissed accordingly being devoid of merit.