NIKUNJA KISHORE DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner Nikunja Kishore Das, son of Niranjan Das has filed this writ application seeking a direction to the Opposite Parties 1 to 4 to issue ah order of appointment to the petitioner against a Trained Graduate Post with retrospective effect or in alternative to direct the said Opposite Parties to pay Trained Graduate scale of pay to the petitioner and to quash Annexures -2 and 3 to the writ application.

(2.) SHRI Niranjan Das, the father of the petitioner was serving as a Sub -Inspector of Schools, Alanda Circle and had been declared permanently and completely incapacitated for further Government Service by the Chief District Medical Officer, Cuttack with effect from 11.5.1993. Accordingly, the petitioner's father was relieved from Government Service with effect from 11.5.1993 vide the letter dated 1.6.1993 under Annexure -1. The petitioner, legal heir of Niranjan Das had made an application for appointment as a Trained Graduate Teacher under, the Rehabilitation Assistance Scheme as per G.O. No. 25586/Gen. Dated 13.9.1990. That application of the petitioner Nikunja Kishore Das came to be disposed of by the then Inspector of Schools, JagalMnghpur Circle vide his loiter No. 5310 dated 1.6.1993 under Annexure -1 indicating therein that the aforesaid Government Order stipulates in point 9(1) that appointment under these Rules cannot be made against promotional posts. Since the J.S.E.B. posts are filled up from among the L.S.E.S. teachers' on promotion the prayer of the petitioner was not considered at the level of the Inspector of Schools and instructions were sought for whether the petitioner, who by then a B.A. B.Ed. could be appointed under the Rehabilitation Assistance Scheme.

(3.) THE petitioner had moved Orissa Administrative Tribunal in O.A. No. 2539(C) of 1993 and the same came to be disposed of by an order dated 9.12.1998, wherein by placing reliance on an earlier judgment of the said Tribunal in the case of Basant Kumar Sahoo v. State of Orissa and Ors., 1997 (1) ATT (O.A.T.) 234 it has been held that, art individual having once got the benefit of the Rehabilitation Assistance Scheme cannot claim appointment to a higher post on the ground of possessing higher qualification. The Tribunal further relied upon a decision of the Supreme Court in the case of Director of Education (Secondary) v. Pushpendra Kumar and in particular paragraph -8 of the said judgment wherein the object of Rehabilitation Assistance and the limit to which it can be stretched have been lucidly clarified by the Supreme Court and it has been pointed out that the appointment of the Rehabilitation Assistance Scheme is an exception and cannot interfere with the right of eligible persons.