BALABHADRA SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE claim of the petitioner to the benefit of 15 years time bound advancement scale of pay having been not acceded to by the Inspector of Schools, he has filed this writ petition for appropriate direction.

(2.) CASE of the petitioner is that he has been working as a Classical Teacher in Garh Bankilo High School, an aided educational institution, in the district of Nayagarh since 1.8.1970 after completing Sahitya Shastri, With effect from 22.9.1979 he was adjusted against the post of Sahityacharya. Government of Orissa in the Finance Department Office memorandum dated 17.5.1986 issued instruction regulating the movement of eligibility categories of employees to the advancement pay scales. It stipulated that the employees who have completed 15 years of service in a particular grade or post shall be eligible for consideration to have the benefit of advancement pay scales. This has been further clarified by the Finance Department Office Memorandum dated 29.12 -1987 (Annexure -2). Since doubt arose whether such benefit could be availed by employees of non -Government M. E. Schools, the Director. Elementary Education, Orissa, in his letter dated 20.6.1991 clarified the position by stating as follows :

(3.) HE point involved in this writ petition is no more res integra. The first decision of this Court on this point is that of Bata Krishna Sahu v. State of Orissa (OJC No. 115 of 1992 disposed of on 5.5.1994). Chief Justice Nanavati speaking for the Bench held :