P BENGALI PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE are three Writ Petitions filed against the three Judgment and orders passed by the Orissa Administrative Tribunal, Bhubaneswar and its Cuttack Bench in three different O.As. Since in all these Writ Petitions, the matter relates to seniority, promotion and reservation of Head Masters of Government M.E./UGME Schools, they were heard together and are disposed of by this Judgment.

(2.) THE first impugned order was passed by the Orissa Administrative Tribunal, Cuttack Bench, on 21.8.1997 which is under challenge in O.J.C. No. 13377 of 1997. The second impugned Order dated 04.10.1997 was passed by the Orissa Administrative Tribunal, Bhubaneswar which is under challenge in O.J.C. No. 1153 of 1998 and the last impugned order was passed by the Orissa Administrative Tribunal, Bhubaneswar, on 07.11.1998 which is under challenge in O.J.C. No. 4193 of 1999. The first and second Judgment of the Tribunal dated 21.08.1997 and 04.10.1997 were passed by the then Chairman of the Tribunal but the last one was passed by a larger Bench comprising of three members including the Chairman of the Tribunal.

(3.) ACCORDING to the above quoted resolution, the Government had decided that the post of Head Masters of Government ME/UGME Schools and Sub -Inspectors of Schools will be filled up by way of promotion from among the Primary school teachers and Assistant teachers of UGME Schools having trained graduate qualification and the Assistant teachers of High Schools borne out in Junior SES cadre will not be posted as Head Masters of Government ME/UGME Schools and Sub -Inspectors of Schools and the gradation list of the teachers having trained graduate qualification was to be prepared Revenue district wise on the basis of dates of their appointments for the purpose of giving promotion. According to that gradation list, zone of consideration for promotion would be thrice the number of vacancies and the select list would consist of twice the number of vacancies. The criteria for promotion was seniority -cum -selection.