NARAYAN SAMANTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed praying, inter alia, therein

(2.) Brief facts of the case is that the petitioner was appointed on 9.9.1969 as Assistant Teacher in Municipal M.E.School, Ankoli in Matric C.T. post by the Berhampur Municipal authoritiesand ultimately he was given B.Ed. scale of pay w.e.f. 18.8.1970. Petitioner was transferred as Headmaster In -charge to Municipal High School, Ankoli, petitioner after being relieved on 31.5.1998 from Lanjipali High School has joined as Headmaster In - charge of Municipal High School, Ankoli on 1.6.1998 and retired w.e.f. 30.6.1999. Petitioner while was in service has claimed pay scale of the post of Headmaster i.e. pay scale of Rs.1700 -3200/ - per month w.e.f. 1.6.1998, the date from which he had discharged his duty as Headmaster In -charge but no decision has been taken by the authorities. Petitioner while continuing as Headmaster In - charge, the Executive Officer passed an order on 21.6.1999 promoting him as Headmaster post on ad hoc basis with the scale of pay of Rs.1700 -3200/ - per month, but the post of Headmaster was never been granted to him while one Sitaram Sahu, Assistant Teacher, Municipal High School, Aska was transferred and posted as Headmaster -in -charge in M.H.S., Ankoli vide order dated 15.12.1992 and joined on 16.12.1992 allowed Headmaster scale w.e.f. 16.12.1992 along with increments, likewise one Raghunath Charan Das and Prakash Chandra Panda had also been allowed pay scale of Headmaster from the date of jointing as In -Charge Headmaster. Grievance of the petitioner is that in spite of repeated representation having been made by him before the authorities no decision has been taken and ultimately he has been superannuated from service, hence having no option he has filed this writ petition.

(3.) Opposite parties 3 and 4 have entered their appearance and filed counter affidavit, inter alia, stating therein that the writ petition is not maintainable as because by virtue of resolution of the State Government issued on 28.2.2004 by which Secondary High Schools of Urban local bodies which was controller by the Municipalities were transferred to the School and Mass Education Department and as such teaching and non -teaching staffs of the schools were declared as Government servants, therefore the petitioner is having alternative forum in the shape of State Administrative Tribunal, hence this writ petition is not maintainable on the ground of availability of alternative forum for redressal of grievance of the petitioner. On merit it has been stated that the petitioner has never been granted regular promotion as Headmaster rather on interim arrangement he was permitted to function as Headmaster in the capacity of in -charge Headmaster and subsequently he has been granted promotion as Headmaster on ad hoc basis but ad hoc promotion has never been approved by the selection committee as required under Rule 426(1) of the Orissa Municipal Rules,1953, hence ad hoc status of promotion as Headmaster has never been confirmed, hence he cannot be entitled for the pay scale of Headmaster being not promoted on substantive post as Headmaster.