PRAMODINI DASH Vs. CHAIRMAN CUTTACK

JUDGEMENT

(1.) This is an application by a teacher of a school within the municipal limits of Cuttack invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The petitioner has prayed to quash the order of the Municipality dated 28th of March, 1977 (Annezure -5) to the writ petition, where under opposite party No. 4 was given the scale of pay of Rs. 400_620/ - with effect from 19.9.1975 and to direct opposite parties 1 to 3 to promote the petitioner to the post of trained graduate teacher. The petitioner has further prayed' that the initial appointment of opposite patty No. 4 dated 19.9.1975 should also be quashed, the same being in contravention of Rules 408 and 426 of the Orissa Municipal Rules.

(2.) ACCORDING to the petitioner she was a trained graduate on the date she joined the Cuttack Municipality to be posted as a teacher in Busi Bazar Girls, U. P. School on 12. 4. 1971, but she was appointed in a matric C. T. Scale. The appointment latter has been annexed as Anncxure -1 to the writ petition. There after she was transferred to another school called Mansinghpatna M. E. School on 30. 6. 1971 under Annexure -2. The said M. E. School became a High School and the petitioner was promoted to a post carrying I. A. C. T. scale on 5.10.1972 as per Annexure -3. Opposite party No, 4 joined the Cuttack Municipality as a teacher in Choudhury Bazar M. E. School in a post in I. A.C.T. scale on 19.9.1975. Thus admittedly opposite party No. 4 is junior to the petitioner, she having been promoted to the L A. C. T. scale on 5.10.1972. The teachers of all the schools under the Municipality from one cadre and, in fact, in the gradation list which has been prepared by the Municipality under Annexure -4, petitioner has been shown at serial No. 4, where as oppossite party No. 4, has been shown at serial No. 10. Thereafter, under Annexure -5, the opposite party No. 4 was given the scale pay of a trained graduate teacher with effect from 19.9.1975 ignoring petitioner's seniority. The said action of the Municipality. Annexure -5 is, therefore, bad in law. The petitioner further asserts that on 19.9.1975, when opposite party No: 4 was appointed, he had crossed the age limit prescribed under Rule 468 of the Orissa Municipal Rules and, therefore, the initial appointment opposite party No. 4 is void being in contravention of the Rules. Further it was contended that the post of Headmaster was a promotional post and, therefore, could be filled up only by way of promotion from amongst the existings all as contemplated under Rule 425 of the. Orissa Municipal Rules and direct Recruitment to the said post should . be held to be contrary to the Rules.

(3.) IN the rejoinder filed by the petitioner, the assertion that teachers of Boys' school and teachers of Girls' school within the .Municipality formed two different cadres was denied and some instances were given showing transfer of teachers from Boys' schools to Girls' school and vice -versa.