MAYADHAR MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application has prayed for a direction to quash Annexure -5 in which his claim for payment of salary in Trained Graduate Scale has been rejected, and for a further direction for payment of salary in the Trained Graduate Scale from 1.6.1983.

(2.) CASE of the petitioner is that he was appointed in Pallishree High School as an Assistant Teacher against the post of trained Matric in 1975. At the time of appointment the petitioner was a Graduate in Science. Subsequently he was allowed to draw I.A.C.T. scale of pay from 5.8.1976 on the basis of a proposal submitted by the Managing Committee. The petitioner acquired B.Ed. qualification on 18.8.1979 and by that time the school was an aided one. Due to introduction of ten class syllabus in the High School, a new revised staffing pattern for a High School with Classes VIII to X was introduced and the said revised yardstick came into force with effect from 1.6.1983. In the said revised yardstick the post of Trained Intermediate was replaced by Trained Graduate post. In other words, the said revised yardstick prescribed four Trained Graduate Teachers excluding the Headmaster for a three -class High School. The petitioner is continuing in the said post of Trained Graduate since 1 .6.1983. The Managing Committee of the school resolved in its resolution dated 23.1.1981 to fix the petitioner's pay in the Trained Graduate Scale and a proposal was sent to opposite party No. 3. Since there was delay in approval of Trained Graduate Scale of Pay in favour of the petitioner, he approached this Court in OJC No. 134 of 1993 and the same was disposed of on 14.1.1993 directing opposite party No. 3. to look into the grievance of the petitioner and pass necessary orders within four months. Pursuant to the direction of this Court the Inspector of Schools, Balangir Circle, on 8.6.1993 rejected the claim of the petitioner for Trained Graduate Scale of Pay on the ground that the petitioner is continuing against a post meant for Science Teacher with C.B.Z combination and the petitioner does not hold such qualification. Relying on a decision of this Court reported in 1998 (I) OLR 334 : Madhab Chandra Podh v. State of Orissa and others. Shri Acharya, learned counsel appearing for the petitioner submits that the petitioner is entitled to Trained Graduate Scale of Pay on the day he acquired B.Ed. qualification and in fact the petitioner is working against a Trained Graduate post and therefore, there is no reason for denial of such scale of pay to him. He further submits that there are many other schools where Science Trained Graduate posts with P.C.M. combination are available under the circle and one such school is Sukha High School within the jurisdiction of opposite party No. 3 and that the petitioner is ready to go to any other school as 5th Trained Graduate Teacher if the authorities so require. Shri Acharya submits that since the post of a Trained Graduate with P.C.M. combination is not available in Pallishree High School, it was the duty of the opposite parties to transfer the petitioner to any other school in terms of the judgment of this Court referred to above and they having not done so, refusal for payment of Trained Graduate Scale of Pay is not justified.

(3.) IT appears from the averments made in the writ application that the petitioner was allowed I.A.,C.T. scale of pay from 5.8.1976 and he acquitted B.Ed. qualification in August, 1979, In the 1981 revised yardstick the post of I.A.,C.T. was replaced by a Trained Graduate post, as a result of which the number of Trained Graduate Teachers required to be appointed in a three -class High School increased to four, excluding the Headmaster, Therefore, the statement made in the counter that the petitioner cannot be entitled to Trained Graduate Scale of Pay unless it is proved that his promotion from I.A.,C.T. to Trained Graduate post is in accordance with rules, does not appear to be correct. If the Trained LA. post was replaced by Trained Graduate post, the question of promotion did not arise. A teacher who had the required qualification to hold the post of Trained Graduate would be placed as Trained Graduate as per the 1981 revised yardstick.