Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court)
We have heard learned counsel for the parties and find that the distinction between Trained Matric Teacher and Untrained Matric Teacher has not been appreciated by the Tribunal and the same error was committed by the High Court as well.
The concession given by the learned State Counsel before the Tribunal was a concession in law and contrary to the statutory Such concession is not binding on the State for the reason that there cannot be any estoppel against law. The rules provide for a specific Grade of Pay, therefore, the concession given by the learned State Counsel before the Tribunal is not binding on the appellant.
FULL TEXT OF THE SUPREME COURT JUDGEMENT
1) The challenge in the present appeal is to an order passed by the High Court of Orissa on March 3, 2016 whereby, the writ petition filed by the appellant challenging the order passed by the Odisha Administrative Tribunal1on February 19, 2010 remained The Tribunal has directed the appellant to grant pay scale of Trained Intermediate Arts Teacher i.e. Rs.1080/- – Rs. 1800/-.
2) The respondent was appointed under the Rehabilitation Assistance Scheme bearing order dated August 06, 1988 after death of his father Basanta Kumar Sahoo. He joined on August 10, 1988 as Primary School Teacher in pursuance of the said order in the pay scale of Rs.780/- – Rs.1140/- with D.A. as admissible. The respondent has intermediate qualification at that time and had appeared for B.A. examination when he was appointed as Primary School Teacher against the Matric Teachers Certificate Post. The said pay scale is payable to Untrained Teachers having Matric qualification, whereas pay scale of Rs.840/- – Rs.1240/- is the pay scale granted to Trained Matric Teachers.
3) The Orissa Revised Scales of Pay (Amendment) Rules, 1990 were published by the Government of Odisha on September 12, 1990 amending the Orissa Revised Scales of Pay Rules, 1989. The aforesaid Amendment Rules of 1990 laid down a separate scale of pay for all posts of Trained Matric Teachers and non-Trained Matric Teachers. The relevant clause reads as under:-
“6. In the said Rules, in the First Schedule,
(i) For the scale of pay appearing against Sl. No. 2 in Col. (4) under the heading “Revised Scales of Pay”, the following scale of pay shall be substituted, namely;- “Rs. 775-12-871-E.B.-14-1025”.
(ii) For the scale of pay appearing against Sl. No. 6 in Col. (4) under the heading “Revised Scales of Pay”, the following scale of pay shall be substituted namely:-
(a) Rs. 975-25—1, 150-E.B.-30-1,660 (For all posts except Trained Matric Teachers)”
4) Thereafter, a corrigendum was issued on August 27, 1992 stating the scales of pay for the Untrained Intermediate Teacher and Trained Matric Teacher. The said corrigendum reads as under:
