JASOBANTA MOHANTY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the petitioner has prayed inter alia for a direction to the opposite parties to allow him to draw trained graduate scale of pay with effect from the date of acquiring B.Ed. qualification.

(2.) Case of the petitioner is that he was appointed as an Assistant Teacher in the trained matric post in Nimpur Sasan High School on 15.7.1969 by the Managing Committee of the school. The school in question was established in the year 1969. It got recognition in the year 1971 and came under the fold of grant -in -aid scheme in the year 1974. He was adjusted against the trained intermediate post with effect from 24.4.1976. The post was upgraded to a trained graduate post. While the matter stood thus, he passed B.Ed examination in May,1984 and the result thereof was published on 13.5.1985. After he became a trained graduate, he is entitled to get trained graduate scale of pay as per the notification of the Government vide letter no.XIV EDET 5/83, 5680 EYS dated 7.2.1983. Thereafter he approached the authorities for allowing him trained graduate scale of pay from 13.5.1985, but the same was denuded. With this factual scenario, the writ application has been filed.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by opposite party no.3. It is stated that the Managing Committee of Nimapur Sasan High School appointed the petitioner as an Assistant Teacher, 5th Trained Graduate without observing the principles of Yardstick, 1981 prescribed by the Government. Only one science graduate is working in the school. The yardstick of the year 1981, which came into force with effect from 1.6.1983, prescribed that in the aided high schools there shall be four trained graduate teachers excluding the headmaster. Amongst those four trained graduate teachers, two must be trained arts graduate and two must be science graduate. From those two science graduates, one must be of P.C.M. group and another must be from C.B.Z. group. The post against which the present petitioner was continuing is the 5th post which is exclusively meant for a science graduate having C.B.Z combination. The same is earmarked for the trained graduate teacher having C.B.Z. group of subject. The petitioner, being a B.A. B.Ed., cannot be accommodated against such post and as such no approval can be granted.