TRAILOKYARANJAN DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application was originally brought before the State Administrative Tribunal, Cuttack Bench being registered as O.A. No.2201 (C) of 2007 and on abolition of the Tribunal this matter on transfer to this Court being renumbered as WPC(OAC) No.2201 of 2007 is placed before this Court for final adjudication.

(2.) Short background involved in this case is that the Petitioner was initially appointed as Post Graduate Teacher in English in the post Basic School (Higher Secondary) Ramchandrapur on 17/9/1971. While continuing as such the Institution was taken over by the Government w.e.f. 1/11/1976. On abolition of Post Basic School in the State the Petitioner was transferred to Secondary Training School, Keonjhar as Teacher Educator in the scale of pay i.e. Rs.525.00 to 1350/-. In the meantime on 29/10/1988 the Petitioner was again transferred to D.I.E.T., Baripada as Lecturer in the same scale of pay. While the matter stood thus the competent authority issued resolution framing the Personal Policy for recruitment and promotion to the different post in D.I.E.T. After the aforesaid policy brought into force, the Petitioner was promoted as Senior Teacher Educator a Class-II employee of the D.I.E.T. Cadre. While continuing as such the Petitioner was regularized in the said post on 13/12/1996. It is pleaded that considering the length of service of the Petitioner in the particular cadre and being suitable, name of the Petitioner was forwarded by the Principal to the Director for time bound advancement scale. In the meantime the post of Principal under the Institution fell vacant and finding the Petitioner eligible for the post of Principal, though the case of the Petitioner was considered for quite some time, and in the meantime the Petitioner was made entitled to time bound advancement scale i.e. the scale of pay of Rs.8,000.00275-13575 w.e.f 1/1/1996. In continuing in Class-II post as a Senior Teacher Educator in the meantime on 17/12/2005 the Petitioner was given promotion to the rank of Principal in the cadre of Junior Class-I, but however, was allowed to draw in the revised scale of pay of Rs.8000.00275-13,575/- on ad.hoc basis. Pleadings further clarified that the Petitioner's ad.hoc promotion was made in consultation with the O.P.S.C. Even though the Petitioner was promoted to the post of Principal, it is alleged that unfortunately the Petitioner has not been entitled to salary attached to the Class-I Officer's post. It is bringing through documents appended here, the Petitioner alleged that even though in similar situation other persons being promoted as Principal have been entitled to Senior Class-I revised scale of Rs.9,350.00325-14,550/-, the Petitioner was not provided with such entitlements and on the other hand was forced to continue with the scale of pay attached to Class-II post. Feeling aggrieved with the action of the competent authority the Petitioner was constrained to make representation to the competent authority on 27/11/2006. For the representation of the Petitioner not being considered, the Petitioner was constrained to approach the State Administrative Tribunal in O.A. No.2885(C) of 2006, which matter came to be disposed with a direction to the competent authority for considering the representation at the instance of the Petitioner as appearing at Annexure-8. In the meantime following the direction of the Tribunal the representation of the Petitioner was rejected vide Annexure-9 giving rise the cause of action for filing the present application seeking application of scale attached to the Class-I post and consequential benefits allthrough.

(3.) Mr. Mishra, learned Sr. Advocate bringing to the entire development indicated hereinabove and taking this Court to the documents in support of such pleadings through the same submitted that for the initial promotion of the Petitioner to the post of Principal and confirmation of the Petitioner in the post of Principal and for the Petitioner's holding the position of Principal, it is at this stage of the matter giving reference to the Annexure-2 also appearing at Annexure- C/2 in the counter affidavit of the contesting opposite parties and reading through the provision made for the purpose particularly through clause 3 at page 48 of the brief Mr. Mishra, learned Sr. Adv. attempted to satisfy that there should not be any doubt that the Petitioner was holding post of Principal and being a holder of Class-I (Jr.) and the scale of pay attached to the same at the relevant point of time was Rs.2,200.004000/- being revised and made to Rs.9,350.00325-14,550/-. It is taking support of the provision and the admission of the Opposite Party through their counter affidavit in paragraph no.2 that the Petitioner was finally promoted to the post of Principal since 17/12/2005, Mr. Mishra, learned Sr. Adv. for Petitioner submitted that the Petitioner should be entitled to scale of pay of Rs.9,350.00325-14,550/- from the date the Petitioner was assigned with the position of the Principal. Mr. Mishra, learned Sr. Adv. for Petitioner also giving reference to the development through Annexure-6 involving similarly situated persons, submitted that for the Petitioner being the holder of same post, there appears, there has been discrimination in the case of the Petitioner by the keeping him in the scale of pay of Rs.8000.00 275-13,575/-. It is, in this view of the matter, Mr. Mishra, learned Sr. Adv. for Petitioner prayed this Court for interfering in the impugned order at Annexure-9 and in setting aside the same for making the Petitioner entitled to the scale of pay of Rs.9,350.00325-14,550/- and also entering into fresh calculation the Petitioner may be released with the arrear on account of differential salary, further on re-fixation of pension with release of arrear differential pension along with interest, if any.