MALESWARI DEVI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The core question involved in ?nis case related to determination of inter se seniority of the petitioner Smt. Maleswari Devi and Smt. Bhanumati Acharya and Jyotsna Rani Mohapatra (opp. parties 5 and 6 respectively) as trained graduate teachers. The petitioner has prayed for a declaration that she is senior to opp. parties 5 and 6; to revise the gradation list of trained graduate teachers (Annexure -2); and to issue a direction to the opp. parties to appoint her as Headmistress of Rambha Girls' High School, which is an aided educational institution within the meaning of Section 3 (b) of the Orissa Education Act, 1969. The State of Orissa represented by the Secretary, Education and Youth Services Department; the Director of Secondary Education, Orissa; the Circle Inspector of Schools, Ganjam Circle, Berhampur, and the Secretary, Managing Committee, Rambha Girls' High School are the other opp. parties in the case.

(2.) THE case of the petitioner, shorn of unnecessary details, may be stated thus : After completion of B. Ed. Course and before declaration of result of the B. ED. Examination, the petitioner was appointed as an Assistant Teacher in Rambha Girls' High School on 18 -8 -1983. She passed B. Ed. Examination in November, 1983, At that time, Rambha Girls' High School was a recognised un -aided educational institution. Opp. party No. 5 was appointed as an Assistant Teacher in Deogaon Boys' High School, a private school, from 1984 till 1986, when her service was terminated on the ground of misconduct. Thereafter, she was appointed as an Assistant Teacher on 23 -9 -1986 in a trained graduate post in Rambha Girls' High School. Opp. party No, 6 was appointed as an Assistant Teacher on the same day as the petitioner, i. a., 18 -8 -1983, but she acquired B. Ed, qualification in 1984, The petitioner claims seniority over opp. parties 6 and 8 on the basis of length of service in the school (Rambha Girls' high School), The Secretary of the Managing Committee of the school, appointed opp. party No. 5 as in -charge Headmistress of the school. Petitioner's protest against the illegal appointment went unheeded, in the gradation fist published by opp. party No. 3, the Inspector of Schools, Ganjam Circle,, on 9 -3 -1992 (Annexure -2), both opp. parties 5 and 6 were shown above the petitioner. The petitioner filed objection (Annexure -3) to the said gradation list on 11 -7 -1992, which has not yet been disposed of. In the meantime, the Director by the order dated 18 -12 -1992 (Annexure -3/A) has allowed opp. party No. 5 to draw Headmistress's scale of pay subject to the result of the writ petition in OJC No. 714 of 1992. The contentions of the petitioner arcs that opp. party No. 5 having joined Rambha Girls' High School on 23 -9 -1986 cannot be held to be senior to the petitioner; that the action of the Secretary of the Managing Committee in appointing opp. party No. 5 as In -charge Headmistress ignoring the claim of the petitioner and approval of such appointment by the Inspector are illegal and invalid and the consequential order of the Director as per Annexure -3/A allowing opp. party No. 5 to draw the scale of pay of Headmistress is unsustainable.

(3.) OPP . party No. 5 in her counter affidavit has denied that her service in R. K. High School, Deogaon was terminated on the ground of misconduct. She has asserted that on her application she was appointed as Headmistress of R. K. High School, Deogaon since 12 -8 -1983 and the said appointment was approved by the Inspector of Schools, Ganjam Circle, on 17 -7 -1984. While working as Headmistress of the said school, opp. party No. 5 applied through her employer to Rambha Girls' High School to be appointed as Headmistress and on being selected for the post by the Managing Committee she joined as Headmistress of Rambha Girls' High School on 23 -9 -1986 In the circumstances, she contends that the Inspector and the Director rightly took into account her service as trained graduate teacher from 18 -8 -1983 while computing the period of experience for the purpose of drawing the sanctioned scale of pay of Headmistress. According to opp. party No. 5, the petitioner's appointment as an Assistant Teacher in Rambha Girls' High School since 1983 is not relevant and cannot be the basis to be declared senior to her (opp. party No. 5).