NRUSINGHA KHATEI Vs. DIRECTOR, SECONDARY EDUCATION AND ORS.

JUDGEMENT

(1.) IN this writ petition the Petitioner has asked for the following reliefs:

(2.) IT is stated in details that the Petitioner was appointed by the Managing Committee of G.T. High School, Belaguntha in the district of Ganjam as an Assistant Teacher and he joined against a sanctioned post of the School which is an Aided Educational Institution. The Petitioner was an Intermediate in Arts when he joined the School in 1966. Subsequently he obtained B. Ed. degree in the year 1968. After B. Ed. result he was allowed to draw untrained graduate scale with effect from 2 -7 -1968. The Petitioner continues to receive I.A. C.T. scale and he is deprived of getting trained Graduate scale of pay. Be relies on Rule 16(2) of 1974 Rules. For better appreciation the said Rule 16(2) is quoted herein below:

(3.) IT is argued on behalf of the Petitioner that he was allowed to draw I.A.C.T. scale as he obtained B. Ed. degree. At the relevant point of time there was no statute governing the field of education to regulate the establishment of educational institutions and their management and functioning. The Educational Institutions were being guided by a set of Executive Instructions, namely, Orissa Education Code which prescribes the qualification and eligibility of teaching and non -teaching staff of Educational Institutions. The said Code assumed effect of a Statute in pursuance of the enactment of Orissa Education Act, 1969 in terms of Section 27(4). As the Recruitment Rules were framed in 1974 till then the Code had statutory force so far as it was applicable to recruitment in Aided institutions.