AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Panigrahi, J
This matter is taken up through hybrid arrangement.
Heard learned counsel for the parties.
The present writ petitioner challenges the office order No.6929 dated 02.03.021 passed by the opposite party No.2- Director of Secondary Education, Odisha, Bhubaneswar rejecting his prayer for trained scale of pay on attaining the age of 48 years.
Learned counsel for the petitioner submits that the petitioner joined against the post of B.A. Trained Hindi Teacher in Nilachala High School, Guali, in the district of Keonjhar on 20.11.1991. The said school is eligible to receive grant-in-aid with effect from 01.01.2004 as per the Grant-in-Aid Order, 2004. However, the petitioner has not been absorbed as a Trained Graduate Teacher in the said school, despite of the provisions contained under Rule-16 (2) of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as “the Rules” for brevity). Rule-16(2) of the said Rules reads as follows:
“16. Probation and confirmation- xx xx xx xx xx
(2) No teacher who has not undergone the training prescribed for the post shall hold the post substantively:
Provided that an untrained teacher having not less than ten years service shall undergo condensed inservice training provided by the Government and after successful completion of such training shall be eligible for confirmation and shall be entitled to draw salary of a trained teacher:
Provided further that a teacher attaining the age of 48 years shall be exempted from undergoing the training and shall be entitled to financial benefits of a trained teacher.
Xx xx xx xx xx”.
He further submits that though the aforesaid provisions of the Rules are clearly in favour of the petitioner, still he has not been sanctioned the trained graduate scale of pay, despite filing of several representations before the authority.
In view of such facts, notice needs to be issued to the opposite parties.
Hence, issue notice.
Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of the opposite parties. Required number of copies of the writ petition be served on him within three working days hence, who shall obtain instructions in the matter.
List this matter on 23rd of March, 2022.
A free copy of this order be handed over to the learned Standing Counsel for the Department of School and Mass Education.
…………………………