GOURI SANKAR MOHAPATRA Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) The petitioner, having acquired B.P. Ed. and M.P. Ed. qualification, offered his candidature for the post of Physical Education Teacher (PET) pursuant to the advertisement Annexure-1 dated 29.06.1996 published by opposite party no.1. He was called upon and attended the interview held on 07.07.1996. On being duly selected, he was issued with letter of appointment Annexure-3 dated 15.07.1996. Pursuant thereto, the petitioner joined the school of opposite party no.1 on 15.07.1996 and continued there as a Physical Education Teacher on certain terms and conditions on ad hoc basis on consolidated salary of Rs.3,500/- per month. As per the terms and conditions, in clause no.5 it was clearly indicated that the appointment would not confer any right on the petitioner for a regular or a permanent appointment unless he was invited for the interview and selected for the fresh appointment.

(2.) While the petitioner was continuing as such, opposite party no.1 issued second advertisement on 23.04.1997 indicating a fresh interview to be held on 20.05.1997. Accordingly, the petitioner appeared in the said interview on 20.05.1997 and he became successful. In terms of clause no.5 of earlier appointment letter dated 15.07.1996, his services were regularized and regular appointment letter was issued by opposite party no.1 with the counter signature of opposite party no.2 vide Annexure-4 dated 21.05.1997 allowing the scale of pay of Rs.1200-2040/- instead of Rs.1640-2900/-.

(3.) As there was no such scale of pay of Physical Education Teacher, which was allowed to the petitioner, he claimed for scale of pay of Rs.1640-2900/- which was admissible to PET in D.A.V. Higher Secondary Schools as per budget estimation of D.A.V. Higher Secondary School, (N.T.P.C./T.T.P.S.), by making representations to opposite parties on 24.02.1998. When no action was taken, he approached this Court by filing the present writ petition.