NABAGHANA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who has been appointed as Assistant Teacher of an aided educational institution against the trained Matric post and is continuing as such since 1 -7 -1976, has approached this Court for declaration that he is senior to opp. party Nos. 5 and 6 and, therefore, would be entitled to be adjusted against the trained Graduate post It alleged that opp. party Nos. 5 and 6 after becoming Graduate were appointed as Asst. teachers against the sectional posts in the trained Intermediate scale with effect from 1 -9 -1977, roughly one year and two months after the petitioner's appointment against the trained Matric post. The petitioner acquired B. Ed. degree on 5 -6 -1982 and opp. party Nos. 5 and 6 acquired B. Ed. qualification on 5 -3 -1983. Therefore, taking the length of service and acquiring B. Ed. qualification prior to opp. party Nos. 5 and 6 into consideration, the petitioner must be deemed to be senior to the opp. party Nos. 5 and 6. The further case of the petitioner is that certain posts from trained Matric to trained Intermediate and trained Intermediate to trained Graduate were upgraded by the State Government, and it was directed by the Government that those posts should be filled up by promoting teacher of the same school in accordance with the seniority. The Inspector of Schools (opp. party 3) ignoring the seniority of the petitioner, called upon the Managing Committee to furnish necessary proposal/records for adjustment of the opp. party Nos. 5 and 6 against the two upgraded posts. The petitioner, therefore, has approached this Court. Neither the State nor any of its functionaries, though arrayed as opp. party Nos. 1 to 3, have filed any counter affidavit. The Management (opp. party 4) has also not filed any counter affidavit. But the opp. party No. 5 has filed the counter affidavit which has been adopted by opp. party No. 6 Opp. party No. 5 in the counter affidavit has averred that the petitioner was appointed as a teacher in an M. E. school whereas opp. party Nos. 5 and 6 were appointed against the trained Intermediate posts in the high school. After both the schools were amalgamated on 20 -12 -1980, the opposite parties continued in higher posts, i. e. I. A. C. T. post whereas the petitioner continued in the trained Matric post and at no point of time the petitioner intimated, the managing committee about his passing of the B. Ed. Examination. It is on this score, even though vacancies were available in the trained Graduate posts the question of considering the petitioner for being absorbed against those posts did not arise after the posts were upgraded by the Government in aided schools and persons were identified to be adjusted against the posts, obviously basing on the fact that those who were continuing in the trained Intermediate posts, should be adjusted against trained Graduate posts, opp. party Nos. 5 and 6 have been adjusted.

(2.) IT is the case of opp. party Nos. 5 and 6 that they have been recruited against trained intermediate posts on 1 -9 -1977 on which date the petitioner, was continuing in a lower scale, i. e., the trained Matric post since 1 -7 -1976 and as such they shall be deemed senior to the petitioner and at any rate the petitioner having of taken any steps to intimate the managing committee to the effect that he has acquired the B. Ed. qualification, rightly he has not been adjusted against trained Graduate post. - -

(3.) THE writ application is disposed of with the above observation and directions.