Orissa High Court
WP(C)/2931/2021 on 27 January, 2021
W.P.(C) No. 2931 of 2021
02. 27.01.2021 The matter is taken up through video conferencing.
Heard Mr. Manoranjan Nayak, learned counsel for the
petitioner and Mr. P.M. Pattajoshi, learned Standing Counsel
for School and Mass Education Department.
This writ petition has been filed by the petitioner seeking
for a direction to opposite parties to approve the appointment of
the petitioner from 01.06.1994 to 29.10.1998 (untrained
period) and fix his pay accordingly and pay the arrear salary to
the petitioner as per the ratio decided by this Court in the case
of Bibekananda Das v. State of Orissa and others, 1997 (II)
OLR 122.
As it appears, a similarly situated person, namely, Smt.
Bibhuti Barik had approached this Court by filing OJC No.
13365 of 1998, which was disposed of on 18.10.2016 directing
the opposite parties to consider her case in the light of the
judgment passed in Bibekananda Das (supra) after giving
opportunity of hearing to the petitioner therein. As such, in
compliance of the said direction, the Director has passed the
order on 04.10.2019 to the following effect:
"It is certainly a "Pre-1993" appointment as can
the made out from the then Inspector of Schools, Cuttack-
III Circle, Cuttack Office Memo No. 4375 dt.23.03.1990
where approval to the initial appointment of the petitioner
has been accorded w.e.f. 01.11.1988. Further, Rule 7(C)
of OE Rules, 1974 provided the qualification for different
posts in an Aided Educational Institution to be same as
prescribed for Govt. Schools in the Odisha Sub-Ordinate
Education Service (General Branch) Rules, 1972 till it was
repealed by the Odisha Sub-Ordinate Education (Method
of Recruitment an Conditions of Service) rules, 1993. It is
an established fact that 1972 Rules permitted posting of
untrained teachers in untrained scale till enactment of
1993 Rules.
The petitioner Smt. Bibhuti Barik thus being a "Pre-
1993 appointee" like Bibekananda Das is entitled to
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approval from 01.06.1994 in untrained scale of pay
meant for Graduate CBZ teachers.
The DEO, Kendrapara shall accord the approval as
above revising his order No. 2861 dt.09.03.1999 and pay
all consequential financial benefits to Smt. Barik."
In view of such order passed by the Director, the District
Education Officer, Kendrapara was directed to accord approval
as per the observation made in the order mentioned above by
revising the order no.2861 dated 09.03.1999 and pay all
consequential financial benefits to Smt. Barik.
Since the benefit, as sought for herein, has already been
extended to the similarly situated persons, this writ petition
stands disposed of with the direction to the opposite parties to
extend such benefits to the petitioner, as expeditiously as
possible, in the light of the judgment rendered Bibekananda
Das (supra), preferably within a period of four months from the
date of communication/production of an authenticated/
certified copy of this order.
...............................
Dr. B.R. Sarangi, J.
Ashok
