Teachers continuing against trained graduate posts are entitled to get the Trained graduate scale of pay from the date they acquired the qualification: Cuttack High Court
The government has no objection to granting of higher scale of pay to the teachers who had acquired Trained qualification while holding their appointments against the Trained Graduate Post as held by the Hon’ble Cuttack High Court before the Hon’ble Dr. Justice B.R. Sarangi in the matters of Bijayalaxmi Mishra v. The State of Orisha and Ors. [WPC(OAC) NO. 1096 of 2014].
The case arises from the fact wherein the petitioner working as Assistant Teacher for Trained Graduate Post in Budhnath High School issues directions to the respondent to allow Trained Graduate Teacher scale to pay from the date of passing B.Ed. examination till the date petitioner was actually promoted to the post of Junior Supplemental educational service [SES]. As per the revised yardstick issued by the government, an additional section post was created in class- X-C. The petitioner was appointed against the additional section post. At the same time, the government upgraded the Trained Intermediate post to that of the Trained Graduate post. The petitioner possesses B.Ed. qualification and claims she should be granted trained graduate scale of pay from the date of passing of the examination but it was not considered. Petitioner approached the court by filing Office of Judicial Complaints (OJC) which was disposed of with the direction to consider petitioner representation pending with the Inspector of School and Examination. In case if it finds that the petitioner is entitled to the Trained Graduate Scale of pay as claimed, the necessary recommendation to the Direction of Secondary Education shall be made within two months and the Direction of Secondary Education shall pay necessary orders within two months from the date of receipt of the recommendation.
The petitioner was entitled to the Trained Graduate Teacher [TGT] scale of pay but failed to give her the post. Wherein the petitioner was Discriminated against and violated Article 14 of the Constitution of India.
The Hon’ble court held that Petitioner is entitled to be granted the Trained Graduate scale of pay from the date of acquisition of trained qualification and the same should be paid within a period of three months. The balance difference amount will be released in favor of the petitioner within the period of three months from the date of communication of the judgment.
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Judgment reviewed by Kaviya S