SUJATA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, by means of this writ petition, seeks to quash the order dated 15.05.2012 in Annexure-7 passed by the Sub-Collector, Bhubaneswar & Administrator, Vivekananda Shikshya Kendra, Unit-IV, declining to accede to the prayer of the petitioner for revision of pay as per seniority considering the date of her appointment and training.

(2.) The factual matrix of the case, in hand, is that Vivekananda Sikshya Kendra, Unit-IV, Bhubaneswar is a recognized unaided private school. It is one of the oldest schools in Bhubaneswar town and catering the need of large number of students from various locality of Bhubaneswar. It got necessary permission and recognition from opposite parties no. 1 and 2 way back in the year 1981-82 and was engaged in imparting primary education since the session 1982-83. Subsequently, one M.E. School was established by the same management during the session 1988-89 and was upgraded to High School during the session 1990-91.

(3.) Mr. S. Sekhar learned counsel appearing on behalf of D. Routray, learned counsel for the petitioner contended that the petitioner, after acquiring B.Ed. qualification in the year 1990, was selected and joined as trained graduate teacher against trained graduate post by virtue of the appointment letter dated 03.07.1990. Subsequently, she joined in the post, but the scale of pay was fixed against Trained Graduate Post at Rs.1480/-, though the other Trained Graduate Teachers holding Trained Graduate Post were getting much higher scale than that of the petitioner. For instance, one B.K. Sahu, who acquired B.Ed qualification in the year 1995, was allowed to receive his scale of pay @ Rs.1560/- per month. Similarly, one Smt. J. Das, who acquired B.Ed, qualification on the same year, i.e. in the year 1990, was allowed to get Rs.1760/- and other teachers like Sri R.K. Swain, who acquired B.Ed. qualification in the year 1991, was allowed much higher salary i.e.,Rs.1800/- than the petitioner. Likewise, one Sri D. Ojha, who was untrained graduate, was allowed to receive his scale of pay @ Rs.1760/- and Sri S.C. Praharaj, who acquired B.Ed in the year 1994, was allowed to get scale of pay i.e. Rs.1480/- which is same as that of the petitioner, but the petitioner has been denied such benefit. Therefore, she has approached this Court by filing this writ petition.