SANGHAMITRA NAYAK Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE petitioner has filed this application seeking to quash the order No. 22683 dated 18.11.2005 passed by the Government of Orissa in Annexure -9 -G and letter No. 13184 dated 15.03.2007 issued by the Director under Annexure -9 -H respectively and further seeks for a direction to opposite party No. 2 to approve her promotion to the post of Trained Graduate Teacher (Arts) of Odisha Police High School, Cuttack with effect from 30.06.2003 as per Resolution of the Managing Committee of the School under Annexure -9 -C and grant her all consequential service benefits as due and admissible in accordance with law.

(2.) THE petitioner having B.A. (Sanskrit), B.Ed. qualification being selected by the Selection Board was appointed as Classical Teacher in Lingaraj Girls' High School at Polasara in the district of Ganjam vide order dated 16.11.1991 in Annexure -1. Thereafter, she was transferred and posted as Classical Teacher in Police High School, Tulasipur in Cuttack on 03.04.1992 pursuant to which she joined in Police High School on 01.05.1993. The Police High School, Tulasipur is an Aided Educational Institution within the meaning of Section 3(b) of the Orissa Education Act being a five Class High School, three Additional Sections in each class. As per the yardstick dated 08.07.1981 as many as 12 T.G. Teachers excluding the Headmaster and three Trained Intermediate and three Trained Matriculates Teachers are admissible to the said School. At present the School is having one Headmaster, 7 Arts Graduate Teachers, one Science Graduate Teacher, 3 Trained Intermediate Teachers and 2 Trained Matriculate Teachers. The petitioner had made a representation to the Managing Committee of the School to give her promotion against the post of Trained Graduate Teacher as she has got requisite qualification (B.Ed) which she had acquired in the year 1987. Along with the petitioner one Ava Mohanty also made representation for her promotion from the post of Trained Intermediate to trained Graduate Teacher. The said Ava Mohanty acquired B.Ed. qualification in the year 1998. So, she is junior to the petitioner in acquiring the B.Ed. qualification. The authority without considering the same, promoted Ava Mohanty from the post of Trained Intermediate to Trained Graduate Teacher and the same is pending before the Inspector of Schools. Being aggrieved by the said action of the Managing Committee, the petitioner made representation to the Inspector of Schools on 29.01.2000 praying to give her promotion to the post of Trained Graduate Teacher, but her representation was not considered. Subsequently, after retirement of Smt. Ava Mohanty from service on 30.06.2003 on attaining the age of superannuation, the Inspector of Schools vide letter No. 13064 dated 25.08.2003 wrote to the Headmaster -in -Charge -cum -Secretary of the Managing Committee, Odisha Police High School, Cuttack instructing to place the case of promotion of the petitioner to the post of Trained Graduate Teacher (Arts) in the meeting of the Managing Committee for consideration and adoption of necessary resolution. But the Headmaster -cum -Secretary did not place the matter before the Managing Committee and consequently, the Inspector of Schools directed to put up the matter before the Managing Committee to consider the promotion of the petitioner under Rule 8(2)(b) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to "1974 Rules"). On the basis of the instruction of the Inspector of Schools under Annexures -9 -A and 9 -B, the Managing Committee in its meeting dated 27.12.2003 considered her promotion from the post of Classical Teacher to the post of Trained Graduate Teacher and resolved to give her promotion to the post of Trained Graduate Teacher against the vacancy caused due to the retirement of Smt. Ava Mohanty as per Rule 8(2)(b) of the 1974 Rules and posted her as Trained Graduate Teacher in the School.

(3.) MR . A.K. Pandey, learned Standing Counsel for the School and Mass Education Department while admitting the contention raised by the learned counsel for the petitioner that the petitioner was continuing as a Classical Teacher and seeks for adjustment against the post of Trained Graduate Teacher urged that as per the prevailing rules in respect of Aided Non Govt. High Schools, the promotion was given effect to the existing vacant post treating the School as one unit from among the staff with requisite prescribed Rules. Promotion to the post of Trained Graduate Teacher or next higher post the criteria was followed from amongst the feeding cadre post. The feeding cadre remains in L.S.E.S. Teacher post which means T.M. Teacher, T.I. Teacher, Classical Teacher, Hindi Teacher, PET having the requisite qualification. The petitioner is the junior one from the other staff and also there was availability of feeding cadre teacher in that period for which the claim of the petitioner for promotion was not taken into consideration by the authority. Therefore, no illegality and irregularity has been committed by the authority in not approving the case of the petitioner for promotion though the same was duly recommended by the Inspector of Schools and also Director of Secondary Education to the State Government. He further urged that the management of the School in their resolution dated 27.12.2003 resolved that the promotion is subject to result of OJC No. 10466/2000. Therefore, due to the pendency of the court case, the promotion of the petitioner has not been approved by the Government. Opposite party No. 1 while considering the proposal relied upon the decision taken by this Court in another case bearing W.P.(C) No. 6887/2004 wherein this Court by order dated 19.05.2003 directed to finalize common cadre of Trained Graduate Teachers in respect of Aided Non Govt. High Schools. Accordingly, opposite party No. 1 instructed to all concerned to prepare the common gradation list of different category of teachers working in Aided Boys/Girls High Schools in order to comply with the order of this Court. Therefore, opposite party Nos. 1 to 3 are justified in not approving the promotion of the petitioner pursuant to recommendation made by the Inspector of School as well as the Director of Secondary Education. But, at the same time it is admitted that opposite party No. 1 approved the promotion of 10 Teachers of Christ Collegiate School as the said School is a minority Aided Non Government High School and stands on a different footing than that of the Petitioner School. So far as consequential benefit is concerned it is urged that the petitioner has already availed the scale of pay at par with the Trained Graduate Teacher as per G.O. No. 17542/SME dated 05.09.2011 from 01.05.1993 in connection with the revised common qualification of M.A. (Sanskrit). She availed all financial benefits at par with Trained Graduate Teacher notionally from 01.05.1993 and actual financial benefits at par with Trained Graduate Teacher from 01.01.2006.