Pyari Mohan Rout vs State Of Odisha & Others

Arindam Sinha, J

Mr. Mohanty, learned advocate appears on behalf of petitioner, who is one of seven persons affected by office order dated 23rd November, 2017, issued by District Education Officer, Angul. Relevant text of the order is reproduced as below:

"In Pursuance of School & Mass Education Deptt. Odisha Letter No.16583/SME dt.1.9.2017 the T.G. Par Scales of pay with trained Graduate Teachers allowed in favour of the following Asst. Teachers of different High Schools vide this office letter as mentioned against their names are hereby cancelled.

The excess drawl on T.G. Par scale of pay will be recovered from the person concerned with immediate effect."

On query from Court he submits, this was result of clarification dated 1st September, 2017, disclosed as annexure-C/3 in the counter. On further query, he refers to resolution dated 5th September,  2011  of  Government  of  Orissa,  School  and  Mass Education Department, introducing common qualification for the post of Classical (Sanskrit) Teachers in, inter alia, Govt. schools. He points out from sub-clause (iii) under clause 8 that there was upgradation of status of his client, a Classical (Sanskrit) teacher, with special scale of pay at par with trained graduate teachers, vis-à-vis, Hindi teachers of high schools, to be fixed under rule 74 (b) of the Orissa Service Code.

Mr.Acharya, learned advocate appears on behalf of the department and submits, said clarification dated 1st September, 2017 makes it clear that Classical (Sanskrit) Teachers having common qualification prior to 5th September, 2011 were not eligible to get the scale of pay. He refers to paragraph 9 in the counter to submit, applicant was promoted to Junior Subordinate Education Service (SES) with effect from 8th October, 2005. Mr. Mohanty, responds, his client had qualification and, therefore, was given the promotion.

It appears introduction of common qualification was by resolution dated 5th September, 2011. It is necessary to reproduce sub clause (iv) under clause 8:

"On fixation of revised common qualification as per para (i), the Classical (Sanskrit) Teachers possessing the said common-qualification shall be entitled to the scale of pay at par with Trained Graduate Teachers Scale of pay. The pay of such Classical (Sanskrit) Teachers shall be fixed notionally under Rule-74(b) of the Orissa Service Code. But the pay of Classical (Sanskrit) Teachers who have availed TBA Scale of pay of Rs.5000-850-8000/-, shall be fixed under Rule-74 (d) of Orissa Service Code."

The phrase used above in relation to fixation of revised common qualification and entitlement is, "the Classical (Sanskrit) Teachers possessing the said common qualification shall be entitled ... ..."

Clarification dated 1st September, 2017 relates to said resolution dated 5th September, 2011 and subsequent resolution dated 4th June, 2012. Subsequent resolution dated 4th June, 2012, at annexure- B/3 in the counter, fixes commencement of actual financial benefit from 1st January, 2006. As such it is not understood as to how the two resolutions can be clarified to say that a person possessing the qualification, introduced to be revised common qualification, would be disqualified or ineligible from getting the benefit of pay at par. No distinction has been made or reasons given in the resolutions, to disentitle those, who already possessed the qualification introduced as revised common qualification, in respect of Classical (Sanskrit) Teacher. It also appears from subsequent resolution dated 4th June, 2012 that fixation of revised common qualification had been referred to therein as applicable to Classical (Sanskrit) Teachers possessing said common qualification entitled thereto.

Office order dated 23rd November, 2017 is set aside and quashed. Consequential benefit, submitted to have been withheld must be disbursed within three weeks from date of communication of this order.

The writ petition is disposed of.

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