ADIKANDA SATPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Aforesaid writ application has been filed by the petitioner calling in question the order dated 29.04.2011 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 2277 (C) of 2003. By the said order, the learned Tribunal disallowed the claim of the petitioner to avail the trained graduate scale of pay from 1982 on the ground that the school in question, at the relevant time, was in requirement of a Science trained graduate teacher in CBZ, whereas, the petitioner was an Arts trained graduate teacher. Besides that, the learned Tribunal has also dismissed the Original Application filed by the petitioner on the ground that the petitioner did not approach the learned Tribunal, when the revised yardstick was implemented or when the school in question was taken over by the State Government, i.e., in the year 1994.

(2.) The petitioner was appointed as a trained intermediate teacher in Janata High School, Beguniapada in the district of Ganjam on 26.11.1969 by the Managing Committee of the school. The appointment of the petitioner was approved by the Inspector of Schools, Ganjam Circle, Berhampur vide his office order dated 16.12.1975. After approval of his appointment, the petitioner availed his monthly salary under the direct payment scheme in the Trained Intermediate scale as per Rule 9 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974. The petitioner, while continuing as such, acquired B.Ed. qualification in the year 1982. The school in question was taken over by the State Government with effect from 07.06.1994 by virtue of a Government Notification. The revised yardstick dated 08.07.1981 came into force with effect from 01.07.1981, which was actually implemented with effect from 01.06.1983. Due to coming into force of the revised yardstick, the trained Intermediate post held by the petitioner was upgraded to a Trained Graduate post, as, in a three - Class High School, as per the staffing pattern of 08.07.1981, there was no trained Intermediate post available after introduction of the revised yardstick. Thereafter, the petitioner acquired trained graduate qualification in the year 1982 and claimed for a trained graduate scale of pay with effect from 1982 or with effect from 01.06.1983, from which date, the yardstick was actually implemented. The State Government also issued two circulars dated 18.06.1983 and 08.05.1992 clarifying the position that if an untrained graduate teacher has been appointed against a trained graduate post and is continuing, as such, he is entitled to get trained graduate scale of pay immediately after acquisition of trained graduate qualification without approval of the higher authorities. In terms of the aforesaid circulars dated 18.06.1983 and 08.05.1992, the petitioner claimed for trained graduate scale of pay with effect from 01.06.1983, but the Inspector of Schools rejected the claim of the petitioner, which was communicated to him on 13.01.1994. The petitioner challenged the said order before this Court in O.J.C. No. 7570 of 1994. The said writ application was disposed of on 29.08.2003 in view of the ratio decided in the case of Smt. Rama Panigrahi v. State of Orissa and others, (2003) 95 CLT 724 : 2003 (1) OLR 438 (FB) by the Full Bench of this Court. In view of the said order, the petitioner filed the aforesaid Original Application, which has been dismissed by the learned Tribunal.

(3.) Mr. Swain, learned counsel for the petitioner contended that in view of the aforesaid Full Bench decision of this Court, the petitioner having approached this Court in the year 1994, the learned Tribunal could not have come to the conclusion that the petitioner approached the learned Tribunal at a belated stage. Mr. Swain heavily relied upon the decision in the case of Sri Madhab Chandra Podh v. State of Orissa and 4 others, 1998 (2) OLR 334 and submitted that as per the ratio of the said decision, if, due to coming into force of the revised yardstick, there was surplus of an Arts trained graduate teacher or a Science trained graduate teacher in a School, the obvious thing would be to allow the teacher to avail trained graduate scale of pay as per the yardstick dated 08.07.1981, as there is no trained intermediate post or trained matric post available in a three - Class High School and thereafter, to transfer the teacher to some other School in order to cope with the staffing pattern.