RAMA PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) TOWN Girls' High School, Balangir was an aided institution within the meaning of Orissa Education Act. It was within the grant in aid fold with effect from 1.3.1974. On 17.9.1979, the petitioner in this writ petition, a science graduate in Natural Science with Chemistry and Certificate of Teachers Training, entered service as a Physical Education Teacher. According to the staffing pattern fixed by the Government as per order dated 8.7.1981, the said school had eight teachers including the Headmistress and the petitioner, the Physical Education Teacher. Against the additional sections, two other teachers, including opposite party No. 5, were working. On 9.11.1981, the petitioner became a Trained Graduate. A new yard stick was prescribed by the Government with effect from 1.6.1983. But, it came into force only on 8.7.1991. Steps were taken to meet that yard stick. On 12.1.1991, opposite party No. 5 was promoted to a rank in the Trained Graduate scale against Class IX B with effect from 1.1.1991 and the petitioner who was working as Physical Education Teacher, but had acquired B.Ed, qualification, was promoted to the rank of I.A. (C.T.) of Class VIII B. On 1.2.1992, the petitioner was promoted by the Management to the Trained Graduate post against Class IX B. Approval for that posting was sought. The Inspector of Schools, Balangir Circle recommended to the Director of Secondary Education for promotion of the petitioner as per the decision of the Managing Committee. On 28.4.1992, approval was accorded by the Director of Secondary Education to the promotion of the petitioner to the post of Trained Graduate against the additional Section of Class VIII B with effect from 1.4.1991 in terms of Rule 8(2)(b) of Orissa Education Rules. On 23.11.1992, the Inspector of Schools, Balangir Circle reverted the petitioner from the Trained Graduate post to the trained Intermediate post. The petitioner thereupon filed the present writ petition on 15.12.1992, challenging that order and impleading opposite party No. 5 who had been allowed Trained Graduate Scale of pay in the place of the petitioner.

(2.) MEANWHILE , the school was taken over by the Government with effect from 7.6.1994. The said decision of the Government specified that the handing over of Management to the Government by non Government aided High Schools, was along with the approved teaching and non teaching staff. It further provided that the taken over employees would be treated as Government servants with effect from 7.6.1994 on conditions of service mentioned therein. The writ petition filed by the petitioner came up for hearing before a Division Bench on 24.4.2002.

(3.) UNDER Section 4 of the Administrative Tribunals Act, 1985, (hereinafter referred to as the 'Act' ), an Administrative Tribunal could be established. Section 4 (2) of the Act provides that on receipt of a request in this behalf from the State Government, the Central Government may establish an Administrative Tribunal for the State. Such a Tribunal on the request of the Government of Orissa, was established by a notification. A teacher of non Government school, though an aided institution, did not have the right to invoke the jurisdiction of that Tribunal. Under Section 15 of the Act, the Tribunal was vested with jurisdiction to deal with matters which admittedly took in the dispute involved in this writ petition. Section 21 which provided for a period of limitation by virtue of Sub section (2), recognised the pendency of proceedings for redressal of grievances commenced before the relevant date, before a High Court. Section 28 of the Act excluded the jurisdiction of all Courts except the Supreme Court to deal with disputes covered by the Act, on and from the date from which the jurisdiction become exercisable under the Act by the Tribunal. In relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, only the jurisdiction of the Supreme Court and of Industrial Tribunal were saved. Section 29 of the Act provided that cases pending in Courts including High Courts, other than appeals in the High Court, shall stand transferred to the Administrative Tribunal.