Orissa High Court

Harihara Panda vs State Of Odisha on 1 July, 2024

Author: Savitri Ratho

Bench: Savitri Ratho

IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No.31380 of 2011

An application under Article 226 of the Constitution of India.

1.Harihara Panda
2.Harapriya Kar
3.Ajaya Kumar Pati
4.Basanta Tripathy
.... Petitioners
5.Saroj Kumar Rath

-versus-
1.State of Odisha
2.Director of Secondary Education,
Orissa, Bhubaneswar
.... Opposite Parties
3.Superintendent Sanskirt Studies, Puri

Advocates appeared in this case through Hybrid Mode :

For Petitioners : Mr.P.K.Kar, Advocate

For Opp. Parties: Mr.S.N.Mohapatra, Standing Counsel,
School & Mass Education Department
Mr D.K. Mishra , Addl. Govt. Advocate

CORAM:
JUSTICE SAVITRI RATHO

..................................................................................

Date of Judgment : 01. 07.2024 ...................................................................................

Savitri Ratho, J. This writ application has been filed with the following prayer:

"Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court be graciously pleased to issue

a writ in the nature of mandamus or any other appropriate writ/writs, direction/directions, order/orders by directing the State Govt, and other opp.parties to extend the benefits of higher scale of pay i.e TG scale of pay as that has been extended to the classical teachers ( Sanskrit teachers) of the High Schools of the State under the Govt. resolution No. 174542 dated 05.09.2011 under Annexure 3 without any discrimination .

And/or pass any other appropriate order/orders in the fitness of the case."...

PETITIONERS' CASE

2. The case of the petitioners in the writ petition is as follows:

2.1 The petitioners are working as Assistant Pandit in different

Sanskrit Tolls throughout the State and are receiving Grant-in-aid from

the State Government. As they have claimed the same relief, they have

filed the writ petition jointly.

2.2 They are imparting instructions to the students of their

institution and preparing them to appear H.S.C.C. Examination of the

Board with 300 marks in Sanskrit subjects. The students in Sanskrit

Tolls are reading higher Sanskrit. In the General High Schools, the

teachers who are preparing students to appear in the H.S.C.

Examination conducted by Board of Secondary Education, Orissa are

only imparting Education in the Sanskrit for 100 marks i.e. which is an

optional subject , because the students in the High Schools can opt to

take either Sanskrit or Hindi. The teachers with the same qualification

as that of the petitioners are also appointed in the general schools.

2.3 The Sanskrit teachers of the General High Schools were

receiving the same scale of pay of Rs.1300- 2200/- (pre revised) i.e. at

par with the Assistant Pandit in the Sanskrit tolls (petitioners). But on

05.09.2011, the State Government has issued Notification No. 17542,

(in short the "2011 notification") allowing the T.G. scale of pay i.e. the

scale of Rs,. 1400/-to 2600/- to the classical teachers (Sanskrit teachers

of the general schools) having Sikhya Sahitya and Sikhya Acharya

qualification i.e. which is the same qualification that is possessed by the

petitioners. No provision has been made for allowing TGT scale of pay

to the Assistant Pandits employed in the Sanskrit tolls.

2.4 Under the Orissa Education Act and the Rules framed there

under, the Madhyama wing of Sanskrit Tolls is equivalent to a general

High School as students of both arrear in the H.S.C. examination

conducted by the Board.

2.5 Petitioner Nos.1 and 2 joined as Assistant Pandit in Atmaram

Sanskrit, Bidyapitha, Jatadhari Ashram in the district of Cuttack. The

petitioner No.1 has Sikhya Sastri qualification whereas the petitioner

No.2 is a Sahitya Acharya. Both of them were approved by the opposite

party No.3 on 29.6.1996 and are receiving grant-in-aid from the State

Government with effect from 1.6.1994 in the scale of pay Rs.1350/- to

Rs.2200/- as it has been revised from time to time.

2.6 Petitioner No.3 is an Assistant Pandit of Baba Sri Ram Prasad

Sanskrit Academy, Kuranga Sasan, Cuttack and approved by the

opposite party No.3 on 21.7.1997 and is receiving grant in aid from

1.6.1994 in the same scale of pay of Rs.1350/- to Rs.2200/- with

Acharya qualification.

2.7 Petitioner Nos.4 and 5 joined in Rushikula Sanskrit Vidyalaya

Athagaon, Dumbermal in the district of Sambalpur and are also

approved receiving grant in aid from 1.6.1994 as Assistant Pandit in the

same scale of pay like others.

2.8 The petitioners have filed representation dated 1.11.2011 and

2.11.2011 vide Annexure 4 Series before the State Government and the

other authorities praying for extension of the benefits of T.G. scale of

pay to them, which has been extended to the classical teachers to the

General High Schools under the Government resolution dated 5.9.2011,

but no decision has been by the Government as yet.

COUNTER AFFIDAVIT OF OPPOSITE PARTY NO.3

3. A counter affidavit has been filed by the opposite party No.

the District Education Officer on 08.07.2014 refuting the allegations in

the writ petition and stating that the deponent is not the appropriate

authority to give a reply as to why the benefit has not been extended to

the petitioners until the Government takes a decision in this regard.

Maintainability of the writ petition was challenged stating that a single

writ application is not maintainable as it has been filed by five Sanskrit

teachers of Sankrit Tolls if different districts. As a government

resolution has been challenged and claim has been made for extending

the same benefit to them, the Govt in the Department of School and

Mass Education Department can take a decision regarding claim of the

petitioners. It was stated the posts of Classical (Sanskrit) Teachers has

been provided in the yardstick for both Government and Non-

Government Secondary Schools / High Schools. The minimum

prescribed qualification for post of Classical teacher is "Sikhya Shastri"

Acharya whereas minimum qualification of Assistant Pandits in

Madhyama under Sankrit tolls is "Sastri". They have different status as

they stand on different footing. The letter dated 15.12.2008 of the

Government prescribing the staffing pattern and qualification of Pandits

in the tolls was annexed as Annexure A/3. It was also stated that the

Resolution No.174542 dated 5.9.2011 under Annexure-3 is a policy

decision of the Government and is meant for classical teachers serving

in different Govt. fully aided Block Grant and recognized High Schools

.In the resolution, provision has been made to provide Trained Graduate

Scale of pay for Classical teachers who are continuing in different High

Schools as classical teachers and not the teachers of Sanskrit Tolls. The

teachers appointed in Government/Non-Government High Schools to

teach Sanskrit are treated as "Classical Teachers", whereas the Assistant

Pandits appointed in Sanskrit Toll to teach Sanskrit stand on a different

footing, for which they are not entitled to receive Trained Graduate

Scale of Pay. The posts of Shastri held by the petitioners in respective

aided Sanskrit Institutions carry T.I.T. scale of pay as per the staffing

pattern and the said "Shastri" posts have not yet been upgraded to the

post of TGT (Sanskrit), so there was no illegality committed by the

State-opposite parties and its action is in accordance with the prevailing

Rules and Regulations of the State Government. It was also stated that

the Classical Teacher post is a single post in General High Schools,

whereas Sanskrit Tolls imparting Madhyama courses have three

Sanskrit Teaching posts. So, in the case of exigency, sometimes stop-

gap arrangements are made by deputing a Sanskrit teacher from

Sanskrit Tolls to General High schools and whenever required vice

versa deputation is also directed by the Local Education Authority.

REJOINDER OF THE PETITIONER TO COUNTER OF OPPOSITE PARTY NO 3.

4. A rejoinder was filed on behalf of the petitioners reiterating

the averments in the writ petition and referring to Section 3(i), Section

3 (s) and Section 7-C(5) (b) and stating that on a conjoint reading of

these provisions, it is apparent that the institutions imparting Madhyama

education are High Schools and from letter No 3508 /SME dated

28.02.2009 (Annexure 6) it is apparent that Madhyama Tolls are

equivalent to Secondary Schools (High Schools) and the certificates

issued in Madhyama is equivalent to HSC and such certificates are

issued by one agency - the Board of Secondary Education .The

declaration of equivalency was annexed (Annexure-5).

ADDITIONAL REJOINDER AFFIDAVIT

5. An additional rejoinder affidavit has been filed by the

petitioners annexing documents stating that these were not in their

possession at the time of filing the rejoinder which are as follows :

(i) Govt. notification No. 14260/SME dtd.4.06.2012 issued by

School and Mass Education Department, fixing the Scale of pay of

Classical (Sanskrit) Teachers of the Schools notionally under Rule 74 of

the Orissa Service Code and introducing common qualification for the

post of Classical teacher (Sanskrit) in Government, Fully Aided, Block

Grant and recognized High Schools of the State (Annexure-8).

(ii) Resolution No 23399/SME dated 27.10.2014 introducing

common qualification for the post of Classical (Sanskrit) Teachers in

Government, Fully Aided , New Grant in Aid and recognized High

Schools of the State (Annexure 9).

(iii) The pay Fixation Statement of the Sanskrit Teachers in

Sanskrit tolls and Sanskrit teachers in High Schools as per the 4th Pay

commission , 5th Pay Commission and 6Th Commission was submitted

in the form of a table.

(iv) The Scale of pay comparison of the teachers in the fully aided

schools and Sanskrit Toll teachers as per the 6th Pay Fixation was

provided in form of another table.

COUNTER AFFIDAVIT OF THE OPPPOSITE PARTY NO.1

6. A counter affidavit has been filed on behalf of the opposite

party No 1 State challenging the maintainability of the writ petition as it

has been filed by the five petitioners who are working in five different

Sanskrit tolls in different districts and further stating as follows :

6.1 The post of Classical (Sanskrit) Teachers has been provided

in the yardstick for both Govt. & Non-Govt. Secondary Schools/High

Schools. The Govt. in the Department of School and Mass Education

has issued Resolution No. 174542, dtd.05.09.2011, to provide Trained

Graduate Scale of pay to the classical teachers who are continuing in

different high schools. It is a policy decision of the Government and is

meant for the classical teachers imparting Secondary Education from

class - VIII to class - X and the High School Certificate Examination.

6.2 The teachers who are serving under different Sanskrit Tolls

belong to a separate cadre of teachers with distinctly different service

conditions and their employment advertisement also prescribes different

induction eligibility criteria for which the resolution dated 05.09.2011

is silent about them.

6.3 Merely because these teachers are sometimes deputed to teach

Sanskrit in the High Schools, that does not clothe them with any right to

be treated at par with the classical teachers as such deputations are stop

gap / temporary arrangements. These deputations without any express

Government policy or prescribed service conditions, does not entitle

these petitioners to be treated at par with classical Sanskrit teachers of

the High schools.

6.4 The averment that some Sanskrit pandits from Sanskiit TOLs

are permanently absorbed in the general High Schools to teach Sanskrit

is not correct without support of any document.

6.5 Teachers appointed in Govt./Non-Govt. High Schools to

teach Sanskrit are treated as "Classical Teachers", whereas the teachers

appointed in Sanskrit TOLs to teach Sanskrit are called "Pandits". The

existing post of "Shastri" held by the petitioners in respective Aided

Sanskrit Institutions carries the T.I.T. scale of pay as per the staffing

pattern & the said "Shastri" posts have not yet been upgraded to the

post of TGT (Sanskrit). The petitioners are not entitled for Trained

Graduate Scale of pay.

6.6 The action of the State - opposite party is in accordance with

the prevailing Rules and Regulations of the State Government. The

courses of studies for both General High School & Sanskrit TOLs are

prepared by separate Board of syllabus Committee and the objectives

behind these Sanskr'it Tols are also substantially different than that of

general high Schools. Separate syllabus Committees prepare the courses

of studies and the very object of inception of these two types of

education institutions are different to each other, so there is no scope for

comparing the standard of education imparted by these institutions.

6.7 The Classical Teacher post is a single post in General High

Schools, whereas Sanskrit TOls imparting Madhyama courses have

three (3) Sanskrit teaching posts. So, in the case of exigency, sometimes

stop-gap arrangements are made by deputing a Sanskrit teacher from the

Sanskrit TOLs to General High Schools and some time also the vice

versa deputation is directed by the Local Education Authority.

6.8 The assertion that the petitioners are imparting higher

standard of instruction / education is denied. The document vide

Annexure 7 is a mere suggestion made by the Local Education

Authority, i.e., DEO, to adjust the Sanskrit Teachers of Sanskrit TOLs

in the nearby High Schools as to fill up the vacancy and to save

Government exchequer, and does not confirm the concept of parity

between these two category of teachers. The cadre of the teachers in

General High Schools is separate from the Sanskrit TOLs.

6.9 The State Government after considering various aspects

including gravity of work, degree of responsibility involved , fixed

different recruitment and appointment policies for different posts with

different scale of pay. Under the State Government, the employees of

District Office, Head of The Departments and Secretariat etc., though

perform similar type of works, but different scales of pay are fixed to

their posts. It is further humbly submitted that, all the employments of

the State Government is governed by their respective service rules and

law is well settled that only the employer is competent to decide /

regulate the service rules and conditions as per their requirement.

6.10 The petitioners having accepted the contract of employment

on its terms and condition and employed as Sanskrit Teachers and

designated as "Pandit" cannot be treated and benefitted at par with a

"Classical Teacher" of a High School.

6.11 The minimum prescribed qualification for the post of

Classical teacher as has been notified by the Govt, in the Department of

School and Mass Education, as B.A.(Sanskrit) with „Sikhya Shastri

Acharya , whereas the minimum qualification for Assistant Pandits in

Madhyama| under different Tols is „Sastri'. Classical Teachers serving

in different high schools have got a different status than that of the

Assistant Pandits serving in Sanskrit Tolls for prosecution of

Madhyama studies.

The letter dated 15.12.2008 issued by the Govt., in the

Department of School and Mass Education prescribing staffing pattern

and qualification of the pandits in different is annexed to the Counter

affidavit (Annexure-A/1).

REJOINDER TO COUNTER OF OPPOSITE PARTY NO.1

7. The petitioners have filed a rejoinder to the counter affidavit

of Opposite party No.1 stating that the writ petition is maintainable as

the grievances of the petitioners are the same even if they are working

in different Sanskrit Tols and that there is no mis-joinder of parties .It

has been further stated that the State Policy discriminates amongst the

same category of teachers working in same teaching discipline, whose

qualification and accountability are same . Asst. Pandits of the Sanskrit

Tol are teaching 300 marks for Sanskrit subject in Madhyama under

Sanskrit Tol, which is equivalent to H.S.C of Secondary School, the

same has been accepted by the State Government as per the letter

No.3508/SME dtd.20.02.20009. Both H.S.C and Madhyama certificates

are issued by the Board of Secondary Education Odisha. Further

submitted that, the curriculum/syllabus of Sanskrit Tol, is higher

standard than the general High School Sanskrit syllabus. Asst. Pandit

and other teaching staff of the Sanskrit Tol are deputed to different

Schools vide O/o No.5717 dtd.27.04.2002, 7837 dtd.07.04.2005, 15187

dtd.02.12.2005, 23747 dtd 29.11.2005, 26093 dtd.31.12.2005. Their

scale of pay of Pandit and Asst. Pandit of Sanskrit Toll and Sanskrit

Teacher of High School are same and identical up to 5th pay fixation .

But there is discrimination in revised pay fixation as per the circular

dtd.05.09.2011 vide Annexure-3 to the writ petition. Madhyama of

Sanskrit Toll is equivalent to High School Certificate of General School

examination which has been conducted by one Education agency

known as Board of Secondary Education. As per the workload /

exigency Government have framed staffing pattern. As the cadre is

same and identical amongst the classical teacher of general School and

Asst. Pandit of Sanskrit Tolls they have been deputed by the opposite

parties to work in the High Schools and Aided Schools and deputation

deputation/transfer can be done only in the same cadre .The petitioners

have annexed the Government orders issued by the opposite parties

from time to time by posting some teachers of Madhyama Institutions in

general High School to the Additional Rejoinder as filed Annexure-7 .

The scale of pay of Headmaster of Government Aided School is

equivalent to Head Pandits of Sanskrit Tolls. The scale of pay of other

teaching and non-teaching Staffs of Government Aided High Schools

and Sanskrit Tolls are identical (equivalent). The qualification of

Classical Teacher of General High School and Asst. Pandit of Sanskrit

Toll are same and they belongs to same cadre till Circular

dtd.05.09.2011 and their scale of pay are same and identical up to 5th

Pay Fixation , but as per the Circular dtd.05.09.2011 the scale of pay of

the Classical Teachers having Acharya qualification has been revised as

Rs.9,300/- , G.P. Rs.4,200/- instead of Rs.5,200/-, G.P. Rs.2,800/-, even

though the petitioners are possessing the same and identical

qualification as them but have been discriminated. As per, the Circular

No.l7542/SME dtd.05.09.2011 clause 8 (i) reads as: "The minimum

educational qualification for the post of Classical (Sanskrit) Teachers

for all categories of High Schools (Government Fully Aided, Block

Grant and Recognized) shall be as below. "Acharya (except

Yotischarya and Ayurvedacharya) or Sahityacharya or M.A. in Sanskrit

or it's equivalent Degree from a recognized University/Institution. OR

A Bachelor's Degree with Sanskrit as one ofthe optional subjects from a

recognized University with Shikshya Shastri (Sanskrit) from a

recognized University or Shastri (Sanskrit) with Shikshya Shastri

(Sanskrit) from a recognized University" The educational qualification

of the Asst Pandits in the Sanskrit Tolls is Shastri/Shikshya Shastri.

Shikshya Shastri is equivalent to "Acharya". Till the date of Circular

vide Annexure-3, the Classical Teachers of General High Schools and

the Asst. Pandit of the Sanskrit Tolls were treated as same and identical

posts.

AFFIDAVIT OF THE PETITIONER

8. That an affidavit has been filed by the petitioners stating that

this Court directed vide order dtd.04.08.2022 to clarify numbers of Asst.

Pandits having Acharya qualification in State working in Sanskrit tools

and the Petitioner No.3 came to know by virtue of letter No 16338

dtd.08.07.2022 issued by the Director, Secondary Education to

Additional Secretary in Government (NGHS), Department of School &

Mass Education, Odisha, Bhubaneswar about up-gradation of the post

of Shastri Pandit to Acharya Pandit in Prathama and Madhaya Sanskrit

Tools in where it is found that there are total numbers of 36 Shastri

Teachers having Acharya qualification. It is also stated in the affidavit

that in the said letter it has been mentioned that if a Shastri post is

upgraded to Acharya Pandit Prathama there will be an average of

monthly increase of Rs.172,760/- per month per post (as per ORSP

Rules 2008) For 36 posts the financial burden will be Rs.55,12,320/- per

annum.

SUBMISSIONS

9. Mr. P.K. Kar, learned counsel for the petitioners submits that

though the petitioners have fulfilled all the requisite qualifications and

holding the post like their counter parts who are imparting general

education. Thereby they are deserved to get the B.Ed scale of pay like

their counter parts who are imparting general education. The opposite

parties have been transferring/deploying both teaching and non-teaching

staff of Sanskrit tolls to both aided and fully aided, Government High

Schools for which the petitioners had filed Government Orders under

Annexure-7 series to demonstrate that they are in the same cadre. He

further submits that even though the petitioners are working in different

schools under the control of the opposite parties, the relief sought for by

the petitioners are common as they are aggrieved by Annexure-3 , for

which they have filed one writ petition , but have paid individual Court

fees. He further submitted that the petitioners are teaching in Class-VI

and VII that is Prathama 1st year and 2nd year for 300 marks each in

Sanskrit, whereas there is 50 marks for Sanskrit taught in Class-VI and

VII in General Education. Further Sanskrit Teachers / Assistant Pandit

in Sanskrit Tolls are providing 300 marks in Madhyama (Class-VIII) 1st

year, Madhyama (Class-IX) 300 marks in 2nd years and thirdly in

Madhyama (Class-X) 300 marks in final year, whereas Sanskrit

Tteachers in High Schoos are providing teaching only for 100 marks in

Class-VIII, IX and X each. Whenever government have fixed Acharya

qualification for Sanskrit Teachers in a High Schools who are teaching

only 100 marks in Sanskrit , the teachers teaching Sanskrit are getting

T.G.T. scale of pay but the Sanskrit Teachers/Assistant Pandit of

Sanskrit Tolls who are legally entitled to get same T.G.T. scale of pay

as they are providing 300 marks each in Madhyama 1st year, 2nd year

and 3rd year (Class-VIII, IX and X) have not been extended the TGT

scale of pay, which amounts to discrimination violation of the principle

of equal pay for equal work by the Government. As the petitioners are

quite similarly situated as well as qualified as the teachers of Sanskrit in

the High Schools have been debarred by the Government from getting

TGT scale of pay which is unconstitutional, discriminatory, arbitrary,

unjust and irrational. He relies on the decision of this Court in the case

Akshya Kumar Nayak vs. State of Orissa and batch decided on

04.08.20022 involving Hindi teachers and the case of Radharani

Samal vs. State of Orissa : 2017 (1) ILR -CUT -546 .

10. Per contra, the learned counsel for the State reiterates the

averments in the counter affidavits filed on behalf of the Opposite

Parties No 1 and 3 has opposed the submissions of the learned counsel

for the petitioners stating that the writ application is not maintainable as

the impugned Notification is a policy decisions of the Government and

as the petitioners stand on a different footing than the Classical teachers

(Sanskrit) in Government High Schools , there is intelligible differentia

between them for which there is no illegality in the impugned

Notification (Annexure 3).

ANALYSIS AND DISCUSSION

11. Considering the submissions by the learned counsel for the

respective parties, I am of the view that :

(i) One writ application at the instance of the petitioners is

maintainable as they are all Sanskrit teachers working in different

Sanskrit tolls and their services have been approved and all of them are

aggrieved by the impugned Resolution No. 17542 dated 05.09.2011.

(Annexure 3).

(ii) The petitioners were getting the same scale of pay as per the

4th Pay Commission w.e.f. 01.01.1986 and 5th Pay Commission w.e.f.

01.01.1996 as the Classical teachers in the Government High Schools.

In the 6th Pay Fixation, there was change w.e.f. 01.01.2006.

(iii) The petitioners are carrying out similar duties - teaching

Sanskrit to students who appear in the examinations conducted by the

Board of Secondary Education.

(iv) While petitioners teach students of Classers VII, IX and X

(three years) and their papers are of 100 marks each (Total 300 marks),

the Classical (Sanskrit) teachers teach students of two classes (Classes

VII and VIII) for 50 marks each (Total 100 marks)

(v) In case of exigency, both categories of teachers are deputed to

carry out each others functions.

(vi) After declaration of the equivalency of Madhayama with HSC

Schools, since the year 2020 the Government is contemplating revising

the staffing pattern of the Madhayam Tolls and declaring the post of

Classical teacher (Sanskrit) in High Schools is equivalent to post of

Acharya Pandit of Sanskrit Tolls of the State and the demand to declare

Shastri teacher at par with teacher of High Schools High Schools as

Trained Graduate Teacher as would be apparent from letter dated

08.07.2022 of the Director Secondary Education. It has been stated

therein as follows:

"Consequent upon declaration of equivalency of Madhyama Tols with that of High Schools. The staffing pattern of Madhyama Tols needs to be revised in order to impart Sanskrit Education to the Students at par with High Schools

in the State. Hence the post of Classical Teacher i.e. Sanskrit in High Schools is equivalent with the post of Acharya Pandit of Sanskrit Tols of the State for which the demand of declaring the Shastri Teacher to Acharya Teacher having Acharya qualification at par with the teacher of High Schools declared as Trained Graduate Teacher having Acharya qualification by Govt."

(vii) The representations filed by the petitioners as way back as on

1.11.2011 and 2.11.2011 are still pending and no decision on the same

have been taken by the opposite parties in spite of lapse of all these

years.

CONCLUSION

12. In view of the above discussion and the categoric assertions

of the petitioners who are working as Assistant Pandits in the Sanskrit

Tolls And having Acharya qualification which appears to be equivalent

to the qualification of the Classical teachers (Sanskrit) in the High

Schools who have been extended TGT scale of pay by the impugned

notification , and were getting the same scale of pay under the 4th and

5th Pay Fixation and difference arose in 2006 at the time of the 6th Pay

Fixation dated 01.01.2006, which was followed by the impugned

Notification dated 05.09.2011 (Annexure 3), the opposite parties are

directed to examine if :

(i) The petitioners were enjoying the same pay scale as the

Classical teachers in the High Schools, Aided Schools under the

different Pay Fixations till the 6th Pay Fixation dated 1.01.2006.

(ii) The petitioners possess the same / equivalent qualification as

the Classical teachers (Sanskrit) in the Government High Schools who

have been extended the benefit of Trained Graduate Scale of pay under

the impugned notification of 2011 (Annexure 3).

13. The entire exercise shall be completed within a period of

three months from receipt of this order. If it is found that the petitioners

were continuing in the same status till issuance of the impugned

notification and possess the same / equivalent qualification as the

Classical teachers (Sanskrit) in the High Schools, they shall be extended

TGT scale of pay and consequential benefits with effect from the date

when the Classical teachers (Sanskrit) received the same benefits

14. The writ application is disposed of with the above direction.

There is no order as to costs.

.......................

(Savitri Ratho) Judge

Orissa High Court, Cuttack Signature NotDated Verified 1st July, 2024/Bichi Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 26-Jul-2024 15:41:08