KARUNAKAR BISWAL Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The petitioner in this writ application seeks to assail the validity of the order dated 29-10-1993 at Annexure-3 passed by the Inspector of Schools, Mayurbhanj denying him the benefit of advancement pay scale.

(2.) Briefly stated, the petitioner's case is that Kaptipada High School. Kaptipada is an aided educational institution within the meaning of Sec. 3(b) of the Orissa Education Act, 1969. He joined in the said school on 1-7-1965 as Physical Education Teacher (in short, 'P.E.T.') and drew Matric C.P.Ed. scale of pay till 25-5-1979. He passed I.A. on 25-5- 1979 and from that date he has been drawing I.P.A., C.P.ED. scale of pay in the post of P.E.T.. The Government of Orissa in the Finance Department by office memorandum dated 17-5-1986 at Annexure-I issued instructions regulating the movement of eligibility categories of employees to the advancement pay scales. The said memorandum inter alia stipulated that the employees who have completed 15 years of service in a articular grade or post shall be eligible for consideration to have the benefit of advancement pay scales. When the question arose whether the benefit of time bound advancement pay scale could be availed of by the employees of non-Government aided M.E. Schools, the Director. Elementary Education, Orissa, in his letter dated 20-6-1991 at Annexure-2 clarified the position by stating as follows :

(3.) The aforesaid benefit subsequently has also been extended to the employees of non-Government aided High Schools. The petitioner having joined the post of P.E.T. with effect from 1-7-1965 completed 15 years of continuous service in the said post by 1980 prior to the cut off date "1-1-1985" and as such is eligible to draw advancement pay scale from 1-1-1985. As the concerned authorities rejected the claim, the petitioner approached this Court by filing a writ application O.J.C. 2572 of 1993. By order dated 22-4-1993, the Court disposed of the said case directing the concerned Inspector of Schools to reconsider the matter. Pursuant to the direction, the Inspector of Schools has passed the impugned order at Annexure-3 rejecting the claim of entitlement of advancement pay scale on the ground that since the petitioner received two scales of pay, i.e. as Matric C.P.Ed. from 1-7-1965 and I.A.C.P.Ed. from 26-6 1979, he is not eligible to the benefit of time bound advancement pay scale.