NIRANJAN LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has approached this Court with the following prayer:

(2.) The brief facts of the case are that the petitioner was appointed as a trained graduate teacher in Kakatpur High School under the control of Inspector of Schools, Puri Circle on 15/9/1996. The said school was a Government High School. The petitioner was transferred to different Government High Schools subsequently under the jurisdiction of Inspector Schools, Puri till 16/8/1973. He having acquired M.A. M.Ed qualification during such period of service, was selected by the State Selection Board and appointed as Lecturer in Education in Government Training College, Bolangir, where he joined on 18/8/1973 by resigning from his former post. The said institution was a non-government aided institution. He was thereafter transferred to DAV College, Titlagarh, Salepur College, Salepur and finally to Kendrapara (Autonomous) College, Kendrapara, from where he retired on 31/7/1999 on attaining the age of superannuation. The petitioner's case is that he was not granted full pension and his service was counted only for the period from 1/11/1976 to 31/7/199, during which he served in non-government aided colleges. Full pension was denied to him on the ground that he had not completed the qualifying period of service of 33 years. It is the further case of the petitioner that his pay was fixed in the selection grade scale of pay from 18/8/1989. He had approached this Court earlier in W.P.(C) No. 3068 of 2004, which was disposed of on 29/3/2004 by the following order:- "This writ application was filed with two prayers - first being for grant selection grade/Reader's scale of pay to the petitioner, and secondly for grant of pension counting his service from 1966 to 1999. Learned counsel for the petitioner does not press the first prayer as the petitioner has retired from service in the meantime.

(3.) Despite such order, the petitioner claims that he having Ph.D qualification is entitled to get Reader Scale of Pay on completion of 13 years of qualifying service i.e. from 01/11/1989. His representations submitted to the authorities have not been disposed as yet. As such, he has approached this Court seeking the relief as mentioned above.