CHANDRA SEKHAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner in this writ application has prayed for a direction to be opposite parties to allow him Trained Graduate Scale of pay for the period from 21 -8 -71 to 27 -1 -75 after quashing Annexure -8 dated 11 -5 -93.

(2.) THE case of the Petitioner in brief, is that he was appointed in a post of Matric C. T, by the Management of Gadadhar Academy High School on 6 -4 -59. After obtaining I.A. qualification, he was promoted and adjusted against I. A; C.T. post on 1 -11 -63 and allowed to draw I.A. C.T. scale of pay. The Petitioner claims that he passed B.A. examination on 20 -7 -69 and B. Ed. examination on 21 -8 -71. On introduction of the direct payment scheme, he was paid salary directly by the Government. Additional sections were opened in different classes due to increase of seats and one Raghunath Sahoo, who was an untrained Graduate was appointed on 1 -8 -68 against the I.A. C.T. post consequent upon opening of additional sections and after he became a trained Graduate, he was allowed to continue in the said post and accommodated in a Trained Graduate post without approval of the competent authorities. It is alleged that on 1 -11 -73, the authorities illegally reverted the Petitioner to a Matric C.T. post ignoring his claim for adjustment in the Trained Graduate Post and extended the benefit to the other teachers who were not entitled to get the said benefit:

(3.) IN view of the rival contention of the learned Counsel for the parties, the question that emerges for consideration is, as to whether the 'petitioner who was appointed against a Trained Matric Post having acquired the required Matric C.T. qualification is entitled to be adjusted against a higher post on acquiring higher qualification and that he is entitled to the Trained Graduate Post on acquiring the training qualification. The undisputed position is that the Petitioner was appointed as a Matric C.T. teacher on 6 -4 -59, which was approved by order of the Inspector of Schools dated 1 -7 -59. The Petitioner acquired I.A. qualification in the year 1963 and because of the available vacancy, he was promoted to the post of I.A. C.T. teacher on 1 -11 -63. The Petitioner acquired B.A. Degree in the year 1969 and passed B. Ed. examination on 21 -8 -71. On 1 -11 -73, the Petitioner was reverted to the Matric C.T. Post and one R.C. Prusty was adjusted against the said post. The Petitioner preferred an appeal before the Director arid the Director by order dated 13 -9 -92 held that the Petitioner is senior to Sri R.C. Prusty and is entitled to draw I.A. C.T. Scale..