Orissa High Court
Purusottam Pati vs State Of Odisha And Others on 8 October, 2015
Author: B.R.Sarangi
Bench: B.R.Sarangi
ORISSA HIGH COURT: CUTTACK W.P.(C) Nos. 19596, 19597, 19598, 19599, 19600, 19602, 19603, 19604, 22593, 22594 & 22596 of 2010, 471, 472, 624, 625, 626, 2198, 2310, 25917, 28940 of 2011, 521, 522, 523, 963 and 1908 of 2011, 23014 of 2010, 630, 729, 730, 1720, 1736, 1737, & 28636 of 2011, 21099 & 21105 of 2010, 951 of 2011, 1568 of 2011, 7746 of 2011, 1497 of 2011, 401, 402, 946, 949 of 2011 In the matter of an application under Articles 226 & 227 of the Constitution of India. ---------- W.P.(C) No. 19596 of 2010 Purusottam Pati ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija & A.K. Rout For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No.5 : M/s. J.K. Nanda, T.K. Nayak & S.K. Rout W.P.(C) No. 19597 of 2010 Nirmal Kumar Nayak ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija & A.K. Rout 2 For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No.5 : M/s. K.K. Rout, T.K. Nayak, J. Nayak S.K.Rout & C.R. Mohanty W.P.(C) No. 19598 of 2010 Bijaya Kumar Nayak ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija & A.K. Rout For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No.5 : M/s. K.K. Rout, T. Nayak, J. Nayak S.K.Rout & C.R. Mohanty W.P.(C) No. 19599 of 2010 Mahendra Kumar Satpathy ......... Petitioner -versus- State of Odisha and Ors. ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija & A.K. Rout For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 19600 of 2010 Maheswar Rout ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties 3 For Petitioner : M/s. P.K. Rath For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No.5 : M/s. J.K. Nanda, T.K. Nayak & S.K.Rout W.P.(C) No. 19602 of 2010 Alekh Prasad Bhuyan ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No.5 : M/s. K.K. Rout, T. K.Nayak & J. Naik For Opp. Party No.6 : M/s. G.K. Mohanty & S.K.Rout W.P.(C) No. 19603 of 2010 Bipra Charan Behera ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 19604 of 2010 Badal Kumar Parida ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties 4 For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija & A.K. Rout For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 22593 of 2010 Kshirod Kumar Sahu ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 22594 of 2010 Sadananda Pradhan ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 22596 of 2010 Srinibas Patra ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & 5 D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 471 of 2011 Baidhara Das ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 472 of 2011 Binod Kumar Padhi ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 624 of 2011 Satyapira Panda ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik 6 For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 625 of 2011 Harisankar Mahapatra ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 626 of 2011 Sudhir Kumar Dixit ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.P. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 2198 of 2011 Gouranga Ch. Mandal ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.Pr. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel 7 W.P.(C) No. 2310 of 2011 Pradyumna Kishore Jena ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.Pr. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 25917 of 2011 Bijoy Kumar Acharya ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout & S.K. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 28940 of 2011 Rabindra Kumar Parida ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. P.K. Rath, P.K. Satapathy, R.N. Parija, A.K. Rout, S.K. Pattnaik & D.Pr. Pattnaik For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 521 of 2011 Pravakar RanbirSingh ......... Petitioner 8 -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. K.K. Swain & P.N. Mohanty For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 522 of 2011 Chaturbhuja Barad ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. K.K. Swain & P.N. Mohanty For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 523 of 2011 Pabitra Mohan Khandenga ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. K.K. Swain & P.N. Mohanty For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 963 of 2011 Bidyadhara Behera ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. K.K. Swain, P.N. Mohanty & R.P. Das 9 For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 1908 of 2011 Prafulla Kumar Dikhit ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. K.K. Swain & P.N. Mohanty & R.P. Das For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 23014 of 2010 Binod Bihari Panda ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 630 of 2011 Sitanshu Sekhar Mohanty ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 729 of 2011 Govinda Chandra Bindhani ......... Petitioner -versus- 10 State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 730 of 2011 Siba Prasad Bal ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 1720 of 2011 Surendra Prasad Nayak ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 1736 of 2011 Sunanda Nag ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel 11 W.P.(C) No. 1737 of 2011 Binod Kumar Rout ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No. 4 : M/s. M. Sahani, S.B. Mohanta & K. Pradhan W.P.(C) No. 28636 of 2011 Trilochan Mahanta ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. S.K.Mishra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel For Opp. Party No. 4 : M/s. M. Sahani, S.B. Mohanta & K. Pradhan W.P.(C) No. 21099 of 2010 Taranisen Giri ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. D.K.Mohapatra, B.B. Routray, D. Routray, S.Jena, B. Mohapatra, P.K. Sahoo, K. Mohanty, S. Das, R.P. Dalai, S.K.Ray & S.K. Samal For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel 12 W.P.(C) No. 21105 of 2010 Dhiren Kumar Parida ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. D.K.Mohapatra, B.B. Routray, D. Routray,S. Das & R.P. Dalai, For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 951 of 2011 Balaram Rout ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. D.K.Mohapatra, B.B. Routray, S.Jena, & K. Mohanty For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 1568 of 2011 Gangadhar Barik ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : Mr. Manoranjan Nayak For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 7746 of 2011 Sudhakar Samantray ......... Petitioner -versus- 13 State of Odisha and others ......... Opp. Parties For Petitioner : M/s. S. Parida & D. Mohapatra For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 1497 of 2011 Kishor Chandra Panda ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. N.Panda-1, S.K. Acharya, M.K. Panda & S. Mazumdar For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 401 of 2011 Lambodar Pradhan ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. S. Biswal, M.R.Nayak & M.K. Dash For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 402 of 2011 Dharmudhar Pattnaik ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. S. Biswal, M.R.Nayak & M.K. Dash 14 For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 946 of 2011 Karunakar Sahu ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. S. Biswal, M.R.Nayak & M.K. Dash For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel W.P.(C) No. 949 of 2011 Dileswar Padhan ......... Petitioner -versus- State of Odisha and others ......... Opp. Parties For Petitioner : M/s. S. Biswal, M.R.Nayak & M.K. Dash For Opp.Party Nos.1-3 : Mr. A.K. Pandey, Standing Counsel PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 31.08.2015 : Date of judgment : 08.10.2015 Dr. B.R.Sarangi, J.
All the writ petitions mentioned above having similar cause of action, have been heard together and are disposed of by this common judgment. For better appreciation, it would suffice to state the fact of W.P.(C) No.19596 of 2010 for consideration of the matters.
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2. W.P.(C) No.19596 of 2010 has been filed to quash the Gradation List of Trained Graduate Teachers of aided High Schools of Kendrapara Circle, Kendrapara in Annexure-1. Similarly the placement in the Gradation List of Trained Graduate Teachers of aided High Schools of different circles of the State has been sought to be quashed by the petitioners in the other writ petitions mentioned in the cause title.
3. The factual matrix in W.P.(C) No.19596 of 2010 is that the petitioner was initially appointed as Assistant Teacher on 20.01.1989 by the Managing Committee of Narendra Gunjari Bidyapitha, Gharabanjakolha pursuant to its Resolution No.47. The petitioner having qualification of M.A. B.Ed. was appointed as Headmaster by the Managing Committee, but his services were approved as Headmaster-in-Charge by the Circle Inspector of Schools on 04.11.1995. After approval of his post as Headmaster-in-Charge, the Managing Committee passed a Resolution on 25.01.1996 for sanction of Headmaster's Scale of pay to him. As per the yardstick, the Government has stipulated the staffing pattern of a High School consisting of four Assistant Teachers and one Headmaster. The method of Recruitment and Conditions of Service Rules, 1993 provides only two grades in a School i.e. Junior Grade and Senior Grade as per Sub Rule-3 of Rule-3 of the said Rules whereas Senior Grade confines the post of , Junior Grade includes Asst. Teacher. Neither the Rules nor the Staffing pattern indicates the post of Headmaster- in-Charge, but the Inspector of Schools approved the post of the petitioner as Headmaster-in-Charge which is contrary to the Rules. The Government of Orissa, Department of School and Mass Education issued a circular on 12.05.1993 stating that the persons appointed as Headmaster-in-Charge 16 shall be paid Headmaster's Scale of pay by relaxing seven years of teaching experience as required under law. Since the case of the petitioner comes under the said circular dated 12.05.1993 and similarly situated person like that of the petitioner, namely, Purna Chandra Khadanga was granted Headmaster's scale of pay, the petitioner approached the State Education Tribunal in G.I.A. Case No.227/2009 under Section 24-B of the Orissa Education Act, 1969 claiming Headmaster's scale of pay with effect from 01.06.1994 along with all consequential benefits. The learned Tribunal instead of adjudicating the matter in proper perspective, directed the State authorities to consider the case of the petitioner in the light of principles decided in the case of Pabitra Mohan Dash etc. v. State of Orissa and others, AIR 2001 SC 560 : (2001) 2 SCC 480 and State of Orissa and others v. Subhranta Kumar Mohanty and another, (2003) 12 SCC 53 within a reasonable period. Due to non-grant of such benefit, the petitioner has approached this Court by filing the writ petition. Hence this case.
4. Mr. P.K. Rath, learned counsel for the petitioner in course of hearing confines his prayer to placement of the petitioner in the Gradation List of Trained Graduate Teacher of the aided High Schools of Kendrapara Circle, Kendrapara Annexure-1 and so far as the claim of Headmaster's scale of pay is concerned, he has abandoned such prayer. It is urged that such Gradation List was prepared in violation of the provision of Section 10-C (2) of the Orissa Education Act. Therefore, the placement of the petitioner in the Gradation List is contrary to the provisions of law.
5. Mr. A.K. Pandey, learned Standing Counsel for the School and Mass Education Department vehemently disputes the question raised by 17 the learned counsel for the petitioner and submits that effectively the petitioner has claimed the Headmaster's scale of pay admissible to the post and this question has already been considered in Pabitra Mohan Dash (supra). Therefore, nothing more can be considered by this Court in the present case. So far as consideration of placement of the petitioner in the Gradation List prepared by the authority in Annexure-1 is concerned, he urged that it is the camouflage approach of the petitioner for claiming the benefit which he is not entitled to get directly but he wants to get it indirectly. Therefore, this Court should not be utilized for the purpose which has already been settled by the apex Court in Pabitra Mohan Dash (supra). It is urged that the petitioner acquired B.Ed. qualification on 12.01.1988 and Regulation-17 of the Board of Secondary Education, Orissa which came into force on 29.05.1977 makes it obligatory that every institution to have a Headmaster who must be a Trained Graduate and must have 7 years of teaching experience as a Trained Graduate Teacher and after 29.05.1977 if any appointment has been made to the post of Headmaster contrary to the aforesaid provisions of the Regulation then the said appointment would be invalid and would not confer any right on the appointee. Since the petitioner acquired the B.Ed. qualification on 12.01.1988, he is eligible for consideration for the post of Headmaster after completion of 7 years i.e. after 12.01.1995. Accordingly, the appointment of the petitioner to the post of Headmaster vide order dated 20.01.1989 by the Managing Committee is void ab initio and does not confer any right on the petitioner to claim the benefit of Headmaster's Scale of pay. Being a Trained Graduate Teacher his post was approved in the scale of pay of Rs.1400-2600 which is the scale of pay of an 18 Asst. Teacher. He was kept as in-charge Headmaster of the School which is not a substantive post and he never objected to the benefit attached to the post of TGT but questioning the same after a period of 15 years which is not sustainable in the eye of law. Therefore, at the belated stage the benefit cannot be granted to the petitioner and the placement of the petitioner in the Gradation List in Annexure-1 is absolutely in consonance with the provisions of law. It is further urged that in view of Rule-8 (3) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules 1974 (hereinafter referred to 1974 Rules) vacancies in the posts of Headmasters of aided Boys' High Schools and Headmistress of the Girls' High Schools under the fold of the system of direct payment of full salary cost shall be filled up by the eligible Trained Graduate Teachers of respective categories of High Schools from the select list prepared by the Selection Board in the manner prescribed in the Regulation framed by the Selection Board for the purpose, on the basis of the recommendation of a committee to be constituted by the Government which shall be headed by the Director. The selection shall be made on the basis of seniority in the common feeding cadre and performance. The zone of consideration shall be thrice the number of vacancies. The promotion to the post of Headmaster is only be given by following the procedure laid down in Rule 8(3) of the 1974 Rules. Therefore, the claim of the petitioner that he should be granted Headmaster's Scale of pay is absolutely misconceived one and fixation of Seniority and placement of the petitioner in the Gradation List in Annexure-1 taking into consideration the date acquisition of B.Ed qualification by the authority is 19 justified and as such no illegality and irregularity has been committed by the authority.
6. On the facts pleaded above, Mr. P.K. Rath, learned counsel and other learned counsels appearing in the other writ petitions have abandoned the claim of Headmaster's scale of pay. Therefore, this Court is not going to make any observation or issue any direction contrary to the settled principles of law laid down by the apex Court in Pabitra Mohan Dash (supra). Only question to be considered by this Court is whether the placement of the petitioner in the Gradation List has been done in accordance with the provisions contained in Section-10 (C)(2) of the Orissa Education Act or not. For better appreciation Section-10 (C) (2) is quoted below:
Section-10-C. Constitution of Common Cadre and its consequences.
(2) Before constitution of a common cadre under Sub-Section (1)-The Director, in case of Colleges, and the Inspector of Schools having jurisdiction, in case of Schools, shall furnish detailed information relating to the terms and conditions of service prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than forty- five days as may be specified therein for absorption or otherwise in such cadre.
On perusal of the aforementioned provisions, it is clear that before constitution of a common cadre under Sub-Section (1) the Inspector of Schools having jurisdiction shall furnish detailed information relating to the terms and conditions of service prescribed for such cadre to every employee belonging to that cadre with a notice requiring him to exercise his option within such period, not being less than thirty days and more than forty-five days as may be specified therein for absorption or otherwise in such cadre. Such option shall be exercised in writing and shall be filed with the Inspector 20 of Schools and any employee who fails to exercise option within the aforesaid period shall be deemed to have opted for being absorbed in the common cadre. Sub-Clause(5) of Section 10 (C) provides that where an employee of Educational Institution exercises his option for not being absorbed in the common cadre the Managing Committee, or as the case may be, the Governing Body of the Institution shall terminate the services of such employee within fifteen days from the date of receipt of an intimation to that effect from the Inspector of Schools and the provisions of Section 10-A shall not apply to any such termination. An employee belonging to a common cadre may be transferred from one institution to another by the Prescribed Authority in the prescribed manner. In any case, it is urged that Section 10-C (2) has not been complied with while preparing the Gradation List under Annexure-1. Nothing has been spelt out to that extent in the counter affidavit filed by the opposite party-State, rather the counter affidavit is silent on that score.
7. Mr. A.K. Pandey, learned Standing Counsel for the School and Mass Education Department urged that there was no occasion to raise before this Court with regard to the compliance of the provisions contained in Section-10-C (2) in course of hearing rather it is contrary to the law laid down by the apex Court in Pabitra Mohan Dash (supra). Since the petitioner has abandoned the claim of Headmaster's scale of pay as pleaded in the writ petition and only assailed the placement of the petitioner in the Gradation List of Trained Graduate Teachers in Kendrapara Circle, Kendrapara, that should be in consonance with the provisions contained in Section-10(C)(2) of the Orissa Education Act.
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8. Law is well settled that question of law can be raised at any point of time. Therefore, the compliance of provisions contained in Section 10-C (2) is required under the law which has been urged before this Court and accordingly, the same has been taken into consideration. It is therefore observed that while preparing the Gradation List if the authority has not complied with the provisions contained in Section-10-C(2) of the Orissa Education Act, the placement of the petitioner in the said Gradation List is contrary to the said provisions and the authority has to follow the mandate of law as enshrined under Section 10-C(2) of the Act.
9. In view of the aforesaid facts and circumstances, this Court directs the respective Circle Inspectors of Schools to examine whether while preparing the Gradation List the provisions contained in Section 10-C(2) has been followed or not. If the same has been complied with then the Gradation lists so prepared would be acted upon and if the same has not been complied with then the authority shall comply with the same and prepare the Gradation List in consonance with the provisions of law as expeditiously as possible.
19. With the above observation and direction, these writ petitions stand disposed of.
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Dr.B.R.Sarangi, J.
Orissa High Court, Cuttack The 8th October, 2015, Alok.