UMA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to direct opposite parties to pay the arrear scale of pay with effect from 01.11.1992 to 30.03.2003 as per the Orissa Revised Pay Scale Rules amended from time to time.

(2.) PETITIONER 's case is that while she was working as an Assistant Teacher, was promoted to the post of Headmistress in Thompson Women Training Institute, Cuttack in accordance with the decision of Diacason Office Bearers' meeting held on 27.10.1992 with effect from 01.11.1992 in the scale of pay as admissible by the Government of Odisha for a probationary period of one year subject to the approval of Education Department. The School in which the petitioner was working is a minority community School, managed by Christian Missionaries and is governed under Article 30 of the Constitution of India. It is an Aided Educational Institution in terms of Section 3(b) of the Orissa Education Act. Pursuant to Annexure-1, the petitioner submitted her joining report on 01.11.1992 before opposite party No.4. On the date of her joining, the petitioner worked as Headmistress of Thompson Women's Training Institute, Cuttack and discharged her duties satisfactorily and efficiently and no deficiency was noticed by the opposite parties. The Joint Secretary to Government in the Department of School and Mass Education vide his letter dated 13.04.1994 (Annexure-3) intimated to the Director, Secondary Education, Odisha that the petitioner may be promoted to the post of Headmistress as per decision taken by the Managing Committee of the Institution. After receiving the order under Annexure-3, the Inspector of Schools, Cuttack accorded approval of appointment of the petitioner with effect from 01.11.1992 in the scale of pay of Rs.1700-60-2300-EB-75-3200.00 vide Office Order No.5672 dated 28.05.1994.

(3.) MR .Pandey, learned Standing Counsel for the School and Mass Education Department reiterating his stand taken in the counter affidavit submitted that the appointment of petitioner was approved against the post of Headmistress, which is meant for the Aided Educational Institution. The said appointment of petitioner has been concurred by the Government vide letter No.12923/SME dated 13.04.1994 and communicated in Memo No.21474 dated 05.05.1994 of the Director of Secondary Education, Odisha, Bhubaneswar. Petitioner was allowed appropriate scale of pay, i.e., Rs.1700-60-2300-EB-75-3200.00 as per O.R.S.P. Rules, 1989 vide office order dated 5672 dated 28.05.1994. Petitioner is not entitled to scale of pay Rs.2000-60-2300-EB-75-3200-100-3500.00, which scale is meant for the incumbents holding the post of O.E.S.II and applicable to the employees, which posts have been concurred by the Government as per the rules framed by the Government from time to time. Petitioner was holding the post of a Trained Graduate Teacher and thereafter, she was promoted to the post of Headmistress. As the petitioner was not holding the post in the cadre of OES-II, she was granted the scale of pay of Rs.1700 to Rs.3200.00. Therefore, the claim of the petitioner that she is entitled to pay scale of Rs.2000-3500.00 merits no consideration. The petitioner retired from her service on 30.03.2003 and is receiving her pension as due and admissible under the prescribed Rules. Smt. Dipti Roy's case (supra) has no application to the petitioner's case. Concluding his argument Mr. Pandey submitted for dismissal of the writ petition.