NARAHARI PARIDA Vs. PARADIP PORT TRUST

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has sought for a direction to the opposite parties to give promotion to the post of Headmaster of Port Trust High School, Paradip with effect from 01.03.2011 and for payment of Headmaster scale of pay with effect from the said date with all consequential financial and service benefits.

(2.) Shorn of details, the petitioner having B.Sc M.Ed qualification was appointed as a Trained Graduate Teacher in Port Trust High School, Paradip. The petitioner after the appointment continued to render unblemished services in the said school. While continuing as such Departmental Promotion Committee was constituted which recommended a panel of three names for the post of Headmaster and the name of the petitioner was at sl.no.3 of the said panel. Though the petitioner was kept in charge of the Headmaster of the School, but the case of the petitioner was not considered for regular promotion. Being aggrieved by the inaction of the opposite parties, the petitioner submitted series of representations. It has been averred in the writ application that the post of Headmaster fell vacant on 01.03.2011, but no D.P.C. was conducted in advance to promote one of the senior most Teacher of the Port Trust High School to the post of Headmaster. It has been further averred that though the post of Headmaster is existing in Class-II post, but no regular appointment to the said post was given by the opposite parties. Being aggrieved by the inaction of the opposite parties, the petitioner has been constrained to approach this Court under Articles 226 and 227 of the Constitution of India for redressal of his grievance.

(3.) Controverting to the averments a counter affidavit has been filed by the opposite parties wherein it has been submitted that the petitioner has been working as Headmaster-in-charge of Port Trust High School, Paradip with effect from 09.03.2011. But much prior to his appointment the Departmental Promotion Committee was held on 12.01.1990, who had recommended Sri Satrughana Pradhan, Assistant Teacher for promotion to the post of Headmaster and further recommended to keep the names of (1) Sri Gopinath Sahoo, Assistant Teacher (2) Sri B.B.Biswal, Assistant Teacher and (3) Sri Narahari Parida in the panel in order of merit. In this respect the copy of the D.P.C. held on 22.01.2010 relating to the promotion of the Headmaster in Port Trust High School has been annexed as Annexure-A to the counter affidavit. It has further been averred that said Satrughna Pradhan, Gopinath Sahoo and Sri B.B. Biswal were promoted to the post of Headmaster in order of merit, but unfortunately before the retirement of Sri B.B.Biswal on 28.02.2011 a representation was received on 22.02.2011 from Ex-M.P. and President of Paradip Port Trust Schedule Caste and Schedule Tribe Employees Welfare Association, Paradip for filling up the post of Headmaster by Schedule Caste candidate against the backlog vacancies with a copy to Chairperson, National Commission for Schedule Caste. Accordingly the issue for promotion to the post of Headmaster was disputed. A decision was taken to the effect that the petitioner, the senior most Assistant Teacher would take the charge of Headmaster from Sri B.B.Biswal, Ex-Headmaster of the School. Accordingly, Office Order dated 09.03.2011 the petitioner was retained as Headmaster-in-charge until further order. It has further been averred that as the petitioner could not be promoted to the post of Headmaster on regular basis for want of live post, the payment of all consequential service benefits or even accrual of the same do not arise, in view of the rules and regulation of the Government of India. It has been further averred that in the post based roster, no reservation principle is applicable to single cadre post and also the National Commission for S.C., Kolkota by letter dated 07.09.2012 intimated that there is no need to comply the reservation rule/roaster in single cadre post, but by that time the post of Headmaster which had fallen vacant on 01.03.2011 was abolished as per the instruction of Ministry of Shipping dated 16.09.2009 as the said post remained vacant for more than one year. Under such circumstance, the Paradip Port Trust was compelled to initiate action for revival the post of Headmaster by sending a proposal to the Ministry of Shipping vide letter dated 08.11.2013. Therefore, it was not possible to fill up the post of Headmaster on regular basis. However, the post of Headmaster would be filled up as per the prevailing Rules and Regulation after receiving clearance from the Ministry of Shipping only.