Orissa High Court
State Of Odisha & Others vs Aruna Kumar Satapathy & Another on 23 June, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
Writ Appeal No.248 of 2017
State of Odisha & Others .... Appellants
Mr. D.R. Mohapatra, Standing Counsel (S & ME)
-Versus-
Aruna Kumar Satapathy & Another .... Respondents
Mr. Jyotirmay Gupta, Advocate (for Respondent No.1)
CORAM:
THE CHIEF JUSTICE
JUSTICE S.K. PANIGRAHI
ORDER
Order No. 23.06.2021
15. 1. This matter is taken up by video conferencing mode.
2. This appeal is directed against the judgment dated 20th
December, 2016 passed by the learned Single Judge of this Court
allowing Writ Petition (Civil) No.24724 of 2013 filed by
Respondent No.1, in which it has been directed that the pay of
Respondent No.1 should be fixed at Rs.1350-2200/- (pre-
revised) instead of Rs.975-1660/- (pre-revised) with effect from
1st May, 1989 and Rs.1400-2300/- (pre-revised) with effect from
24th August, 1994 onwards and consequential pre-revised pay
scales from time to time under the successive Orissa Revised
Scale of Pay Rules, 1989 ("ORSP Rules").
3. The admitted facts of the case are that Respondent No.1, who
was initially appointed as a Hindi Teacher with effect from 20th
November, 1988 at Malati Devi Girls' High School, Padmapur
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in Bhadrak district, had possessed B.A. Kovida degree and had
also got Hindi Training. Although he was working in that post
from 1988 onwards, the formal approval for the post in which he
was working was accorded by the Director of Secondary
Education, Odisha only by an order dated 29th November, 2007.
4. In terms of the Gazette Notification dated 28th June, 1999 of
the Government of Odisha, which became effective from 1st
May, 1989, in the teaching and non-teaching forces in the
educational institutions governed by the ORSP Rules, 1989 and
the ORSP (Amendment) Rules, 1990, the revised pay scale of
Rs.1400-2300/- would be applicable to a Hindi Teacher
possessing B.A. Kovida decree and training in Hindi.
Admittedly, Respondent No.1 fulfilled this criteria. On the other
hand, the pay scale of Respondent No.1 was fixed at Rs.975-
1660/- which was applicable for qualifications of Matric with
Kovida and Hindi Training.
5. The Appellants here contended before the learned Single
Judge that, only one scale of pay for the Hindi Teachers was
applicable in terms of the Notification dated 31st February, 2006
of the School & Mass Education Department (S & ME
Department), Government of Odisha, which was Rs.1350-2200/-
and for which again the qualification had to be B.A. with Hindi
or B.A. with Rashtravasa Ratna. Secondly this was to be
effective for Block Grant High Schools from 23rd August, 1994.
6. There were two rounds of litigations before the learned Single
Judge at the instance of Respondent No.1. In the first round, this
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Court disposed of W.P.(C) No.28006 of 2011 by an order dated
25th June, 2013 directing the Appellants to finalize the
Petitioner's representation on the basis of the 1991 Resolution.
7. The learned Single Judge has in the impugned order correctly
noticed that despite the above direction, the case of the
Respondent was considered in terms of the Notification dated
21st February, 2006, which was not applicable. Further that the
Respondent No.1 having obtained Hindi Training in 1994 after
joining service, his scale of pay under the ORSP Rules should
have been Rs.1400-2300/- (pre-revised) with effect from 24th
August,1994 onwards. Accordingly it was held that, Respondent
No.1 is entitled to receive pay of Rs.1350-2200/- (pre-revised)
from the date of 1st May, 1989 and Rs.1400-2300/- (pre-revised)
from 24th August, 1994 onwards.
8. This Court has heard the submissions of Mr. D.R. Mohapatra,
learned Standing Counsel for the School & Mass Education
Department (Appellants) and Mr. Jyotirmay Gupta, learned
counsel for Respondent No.1.
9. The Court is unable to agree with the contention of Mr. D.R.
Mohapatra, learned Standing Counsel that, since Respondent
No.1 had only a B.A. with Kovida degree he was not entitled to
the revised pay scale, since the requirement of the Resolution
dated 28th February, 2006 was B.A. Hindi or with Rashtravasa
Ratna. As rightly pointed out by the learned Single Judge, the
Respondent No.1 having been appointed on 21st November,
1988 itself, the notification dated 28th June, 1991 effective from
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1st May,1989 was applicable. In terms thereof the Petitioner was
duly qualified, since he possessed both B.A. with Kovida degree
and Training in Hindi. In other words, Respondent No.1 was
entitled to receive revised pay scale of 1350-2200/- (pre-revised)
with effect from 1st May, 1989 instead of Rs.975-1660/- which
was given to those with qualification of Matric with Kovida.
10. Correspondingly, since Respondent No.1 received Hindi
Training after joining in service in 1994, he also fulfilled the
criteria for a further revision of pay scale to Rs.1400-2300/- from
24th August, 1994 onwards.
11. The Court is unable to find any error having been committed
by the learned Single Judge in allowing the writ petition of the
Respondent No.1 and issuing the directions as aforementioned.
12. There is no merit in this writ appeal. It is dismissed as such.
(Dr. S. Muralidhar)
Chief Justice
(S.K. Panigrahi)
Judge
S.K. Parida
