Orissa High Court
Sri Rabindra Kumar Sahoo vs State Of Orissa And Others on 4 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No.403 of 2014
(In the matter of an application under Articles 226 and 227 of the
Constitution of India)
Sri Rabindra Kumar Sahoo .... Petitioner
-versus-
State of Orissa and others .... Opposite Parties
Advocate(s) appeared in this case:-
For Petitioner : Mr. P.C. Acharya, Advocate
For Opposite Parties : Mr. P. Bharadwaj, A.S.C.
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
4th April, 2023
B.P. Routray, J.
1. Heard Mr. P.C. Acharya, learned counsel for the Petitioner as
well as Mr. P. Bharadwaj, learned Additional Standing Counsel for the
State-Opposite Parties.
2. The Petitioner has prayed for grant of untrained intermediate
scale of pay in his favour for the period from 30.6.1989 to 30.12.2001.
3. The Petitioner was initially appointed as Asst. Teacher on
17.1.1987 against trained matric post and his service was approved as
such under Annexure-1. He acquired I.A. qualification on 30.6.1989
and subsequently passed C.T. examination on 31.12.2001. Accordingly
he was allowed trained scale of pay w.e.f.31.12.2001.
4. The ORSP Rules, 1989 came into force w.e.f. 1.5.1989. Prior to
that, as per the ORSP Rules 1985, Rs.780/- to Rs.1160/- was
prescribed for Untrained Matric Teachers and Rs.840/- to Rs.1240/- for
Trained Matric Teachers as well as Untrained Intermediate Teachers.
Under 1989 Rules, the scale of pay of Rs.780/- to Rs.1160/- was
revised to Rs.950/- to Rs.1500/- and the scale of pay of Rs.840/- to
Rs.1240/- was revised to Rs.975/- to Rs.1660/-. Subsequently vide
Finance Department Notification dated 12.9.1990 under Annexure-5,
the scale of pay of Rs.975/- to Rs.1660/- was sub-divided into two
categories, which are as follows:
"6.(ii) xxx xxx
(a) Rs.975--25--1,150--E.B.--30--1,660 (For
all posts except Trained Matric Teachers)
(b) Rs.1,080--30--1,440--EB--30--1,800 (For
Trained Matric Teachers)"
5. The Petitioner claims that since he was an untrained
intermediate, the scale of pay of Rs.975/- is applicable to him.
6. On the other hand, Mr. P. Bharadwaj, learned Additional
Standing Counsel for the State-Opposite Parties contends that since the
Petitioner was an Untrained Teacher, he should continue in the
untrained scale of pay of Rs.950/- which was not disturbed in Finance
Department Notification dated 12.9.1990.
7. Undisputedly the Petitioner continued to get his salary in the
scale of pay of Rs.950/- to Rs.1500/- for the period from 30.6.1989 to
30.12.2001. In the notification dated 12.9.1990, as reproduced above,
the scale of pay of Rs.1080/- to Rs.1800/- is meant for Trained Matric
Teachers and the scale of pay in Rs.975/- to Rs.1660/- is meant to all
other posts. At the same time, it remains admitted that the scale of pay
of Rs.950/- to Rs.1500/- is applicable to all Untrained Matric Teachers.
So the question arose here is that, whether the Petitioner will be
included in Untrained Matric Teachers or otherwise as per sub-
clause(a) of Clause-6(ii) of the Notification dated 12.9.1990 ?
8. The Petitioner acquired intermediate qualification on 30.6.1989,
but did not acquire training qualification till 31.12.2001. Therefore, he
cannot be treated as a Trained Matric Teacher, but can be treated as
Untrained Intermediate Teacher. It is for the reason that in the previous
scale of pay, i.e. in ORSP Rule, 1985, there were two categories in the
untrained scale, Viz. Untrained Matric Teachers and Untrained
Intermediate Teachers. Accordingly, when the corresponding scale of
pay was effected as per ORSP Rules 1989 read with Finance
Department Notification dated 12.9.1990, the residuary scale of pay at
Rs.975/- to Rs.1660/- was prescribed for those teachers other than
Trained Matric Teachers and Untrained Matric Teachers. The
Petitioner is obviously included in the scale of pay of Rs.975/- to
Rs.1660/- in Untrained Intermediate Teacher. So no justification
remains for the Opposite Parties to continue him in the scale of pay of
Rs.950/-. It is thus held that the Petitioner is entitled for the scale of
pay of Rs.975/- to Rs.1660/- for the period he remained as Untrained
Intermediate Teacher.
9. A further objection is raised by Mr. Bharadwaj, learned A.S.C.
with regard to delayed approach of the Petitioner. The Petitioner
preferred the writ petition in the year 2014. In the meantime, around 9
years have lapsed. So at this stage, it would be inappropriate to refuse
him without entertaining his case on merit. Secondly, he has already
retired from service in the meantime in November, 2015 and his claim
for higher scale of pay remains a continuing cause of action for having
consequential effect in fixation of his scale of pay subsequently as per
admissible pay revisions at different points of time, even till the date of
his retirement. Therefore, all such objections raised on the ground of
limitation are not entertained. Furthermore, by order dated 29.1.2014,
the objection on limitation was over-ruled by the then Chairman of
Orissa Administrative Tribunal.
10. In the result, the prayer of the Petitioner is allowed. The
Opposite Parties are directed to fix the pay of the Petitioner in the scale
of pay of Rs.975/- to Rs.1660/- on 30.6.1989 and grant him all such
consequential service and financial benefits. The entire exercise shall
be completed within a period of six months from the date of production
of a certified copy of this order.
11. The writ petition is disposed of.
(B.P. Routray)
Judge
B.K. Barik/Secretary
