NABAKISHORE SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this writ application for quashing the order contained in Annexure -6 and for issuing a writ of mandamus to the opposite parties to approve the service of the petitioner against the untrained scale of pay.

(2.) IT is the case of the petitioner that he was appointed against the post of the Additional Section Teacher by the Managing Committee of B.D. High School, village Arandua in the district of Bhadrak which is an aided educational institution. Though the petitioner was a merely graduate and had not acquired qualification of B.Ed., it is claimed that his appointment should be approved against an untrained scale of pay in accordance with the Government principle applicable from time to time.

(3.) AFTER going through the various documents filed by the parties, there is no doubt that the case of the petitioner is covered by the ratio of the order dated 3.9.1997 passed in OJC No. 10005 of 1996. It appears from Annexure -4, the communication to the Director, Secondary Education, relating to approval of Additional Section Teacher, the names of Ashok Kumar Das and Nabakishore Sethi (the present petitioner) had been indicated against Sl. No. 9. It further appears from the impugned order (Annexure -6) that the Inspector of Schools, Bhadrak Circle, was considering the case of Ashok Kumar Das as well as Nabakishore Sethi (the present petitioner) under the very same order dated 18.5.1995. In other words, OJC No. 10005 of 1996 relates to the very same Annexure. Having regard to all these aspects and keeping in view the orders passed in OJC No. 10005 of 1996 dated 3.9.1997, the writ petition of the present petitioner is allowed and we direct the Inspector of Schools to approve the appointment of the petitioner with effect from 7.6.1994 and pay him the scale of pay of an Assistant Teacher (untrained graduate) with effect from the said date. The arrears, if not already paid may' be calculated and paid to him within a period of four months of receipt of the writ. The Inspector of Schools will continue to pay the petitioner the current salary in the untrained graduate scale of pay and shall give him reasonable time to acquire B. Ed. qualification unless he gets exemption under the relevant rules. Annexure -6 is accordingly quashed. The writ application is disposed of. Requisites for communication of the writ shall be filed within a week.