DIBAKAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the Schools and Mass Education Department.

(2.) THE case of the petitioner in this writ petition is that he is a retired non -Government Primary School Teacher. He retired from service with effect from 31.3.1989 after attaining the age of superannuation while discharging his duties as Head Pandit in Kumaratanka U.P. School under Aul Circle. He claims the benefit under the Government of Orissa, Finance Department Office Memorandum dated 22.5.1995 wherein the benefit of time bound advancement scale of pay to the Aided Non -Govertnment Educational Institutional Employees was introduced. According to the Scheme, the employees whose maximum pay did not exceed Rs.2,975/ - in the revised scale of pay of 1985 and who completed 15 years of service in their posts on 1.1.1985 were eligible for the appropriate advancement pay scales. According to the petitioner, he is a retired Aided Non -Government Educational Institution employee and his maximum pay scale was only Rs.988/ - in the revised,scale of,pay of 1985 and he had completed more than 15 years of service in his post on 1.1.1985 for which he is entitled to get the benefit under the aforesaid Finance Department Office Memorandum dated 22.5.1995.

(3.) WE direct the opposite parties to grant advancement scale of pay in favour of the petitioner as he has completed 15 years of service. Since the petitioner has already retired from service, his pay shall be fixed and his pension shall be calculated on the basis of the last pay drawn with all consequential benefits within a period of six months from the date of communication of the order.