MISS. PRATIMA MOHARANA Vs. ORISSA STATE ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition has been filed against the order dated 13.8.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No.1310 of 1995, which was filed by the instant petitioner. While disposing of the O.A., the Tribunal directed the opposite parties to take approval of the service of the petitioner as an Additional Section Teacher after she successfully completed the training course and acquired B.Ed. qualification.

(2.) The claim of the petitioner is that she was appointed as untrained teacher in a private institution, namely, Syed Mumtaz Alii High School, Nayapalli, Bhubaneswar, Dist: Khurda in the year 1990. As the additional Section was sanctioned with effect from 7.6.1994, her appointment ought to have been approved with effect from that date. The Tribunal, instead of directing the opposite parties to approve her appointment with effect from the said date directed to take up approval of her services after she acquired the Training qualification. It is also claimed that in case of other similarly appointed persons in the same institution, their appointment were approved with effect from 7.6.1994.

(3.) In support of the petitioner's claim, reliance has been placed in the case Bibekananda Das v. State of Orissa, reported in 1997 (II) O.L.R. 122, wherein by interpreting various provisions of the Orissa Education (Recruitment and Condition of Services of Teachers and Members of the Staffs of Aided Education institute) Rules, 1974, this Court has held that prior to December, 1993, an untrained graduate teacher was eligible to be appointed as an Asst. Teacher in a Non-government Aided High School and therefore, the appointment of such teachers can be approved with untrained graduate scale of pay and after acquiring B.Ed. qualification, sanction was liable to be made in trained graduate scale of pay.