BASANTA KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Orissa States except Mayurbhanj merged with the Province of Orissa with effect from 1-1-48. Along with such merger the High Schools within the merged territories which were full-fledged and which were actually sending candidates for the Matriculation examination by then were classified as 'A' type and those High Schools which were not complete and full-fledged on the date of merger were broadly classified as 'B' type. THE merger of the States with the Province of Orissa was an Act of State. THE services of the teachers in the High Schools in the merged territories and the conditions of their services were to be what the new Government ordained them to be by a process of recognition.

(2.) ON 5-1-49, the Government of Orissa in the Education Department issued a letter to the Director of Public Intruction on the subject. The relevant portion thereof is extracted below:" In the States the High Schools other than those at District Headquarters mentioned above will be of two types. The complete High Schools will be 'A' type High Schools and the incomplete High Schools 'B' type High Schools. The 'A' type schools will be similar to Government High Schools other than those at District Headquarters. The services of the staff of such High Schools will be pensionable and transferable and the teachers will get pay and dearness allowances at the rates prescribed for the Government servants. Government will bear the whole of the recurring and nonrecurring costs. 'B' type High Schools will be Government managed. The staff will get pay and dearness allowance at rates prescribed for Government servants. The Headmasters of those schools will be in the upper division of the S.E.S. The services of those teachers will not be pensionable. They will have the benefits of the Contributory Provident Fund to which Government will contribute at the rate of Re. -/1/- in the rupee of the salary. As regards recurring expenses of those schools Government will meet the difference between the standard cost and income from fees and other local subscriptions. As regards non-recurring expenditure Government will meet two-thirds of the cost. The standard cost for the 'B' type Government managed High Schools will consist of the following items : (a) . . . . . . (b) The total contribution on Provident Fund deposited at the rate of Re. -/1/- in the rupee, and (c) . . . . . . . The Inspector of Schools will be the managing agent on behalf of the Government and the Headmaster will be the correspondent of a 'B' type Government managed High School."