BHARATI DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who was initially appointed as a teacher and now designated as Special Educator, by way of this application, seeks direction to opposite party no.1 to grant regular pay scale w.e.f. 24.02.1994, as per the Government resolution dated 24.02.1994 in Annexure2, by quashing the decision of opposite party no.1 dated 04.10.2008 in Annexure-8 allowing regular pay scale with effect from 01.07.2008.

(2.) The factual matrix of the case, in hand, is that "School for Mentally Retarded, Balasore" was established in the year 1982 by the Handicapped Welfare Institute, a society registered under the Societies Registration Act, 1860. The petitioner was initially appointed as a teacher and subsequently designated as special educator from 07.12.1984 by the erstwhile management of the school for mentally retarded with a consolidated salary of Rs.500/- per month. The school in question was recognized by opposite party no.1 and has been receiving the grant-inaid from the Government since 1986-89. Consequentially, vide resolution dated 31.12.1985, the State Government formulated a set of rules for the institutions imparting education to blind, deaf and mentally retarded children. But the said rule did not have any provision for recruitment of teachers or their scale of pay. The State Government, vide resolution dated 28.12.1987, amended 1985 Rules incorporating provisions for engagement and salaries of teaches, but the same was not implemented.

(3.) Mr. Bikram Prasad Das, learned counsel for the petitioner contended that the entitlement of the petitioner to receive the benefit of regular pay scale w.e.f. 24.02.1994 is based on the government resolution dated 24.02.1994 in Annexure-2, but the petitioner has been extended such benefit w.e.f. 01.07.2008, without taking into account the government resolution referred to above. If the resolution dated 24.02.1994 is taken into consideration, the petitioner will be eligible to receive the benefit of regular pay scale w.e.f. 24.02.1994, instead of 01.07.2008.