(An application under Articles 226 & 227 of the Constitution of India) Santosh Kumar v. State of Odisha & Ors
Case Details
Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2024 17:26:26 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 18946 of 2024 (An application under Articles 226 & 227 of the Constitution of India) Santosh Kumar Limma .…… Petitioner Versus State of Odisha & Ors. ……. Opposite Parties Advocate(s) appeared in this case:- For Petitioner :
Legal Reasoning
Mr.U.Sahoo, Advocate For Opposite Parties : Mr.S.K.Jena, AGA CORAM : JUSTICE B.P. ROUTRAY JUDGMENT 23rd September 2024 B.P. Routray,J. 1. Heard Mr.U.Sahoo, learned counsel for the Petitioner and Mr.S.K.Jena, learned AGA for State-Opposite Parties. 2. The grievance of the Petitioner is to grant him increment from the date of his regularization from Gana Sikshyak as Level-V Assistant Teacher and to set aside the orders and circular of the Government to adverse effect. 3. The Petitioner was initially joined as a Gana Sikshyak and his service was regularized from 7th September 2017 in terms of School and Mass Education Department notification dated 22nd December 2016, after completion of eight years of regular and W.P.(C) No.18946 of 2024 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2024 17:26:26 continuous engagement as Gana Sikshyak. Thereafter he passed OTET qualification on 21st November 2019. So he was not allowed annual increment upon regularization of his service and subsequently in terms of a modified circular of the Government in School and Mass Education Department dated 4th March 2024, the Petitioner was granted notional annual increment from 1st March 2020 and in actual from 1st March 2024, under Annexure-8. 4. The Petitioner’s grievance is that stoppage of his annual increment from the initial date of regularization of his service as Level-V Assistant Teacher is illegal and without any support from the norms of regularization as per notification dated 22nd December 2016 of the Government in School and Mass Education Department. 5. Mr.Jena, learned AGA on the other hand submits that since the Government has clarified in his subsequent notification dated 4th March 2024 to grant benefit of annual increment with effect from 1st March 2020 notionally and from 1st March 2024 actually for those who have acquired OTET qualification after 31st March 2019, the claim of the Petitioner to get the incremental benefits from the date of his regularization is unsustainable for he admittedly acquired OTET qualification after 31st March 2019. 6. The notification of Government in School and Mass Education Department dated 22nd December 2016 (Annexure-7) speaks that the services of the Gana Sikshyaks shall be regularized as Level-V Assistant Teachers (Ex-Cadre) upon completion of eight years of regular and continuous engagement as Gana Sikshyak having W.P.(C) No. 18946 of 2024 Page 2 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2024 17:26:26 the requisite educational and training qualification. Clause-2(b) speaks as follows:- “such Gana Sikshyak is required to pass OTET within 31st March 2019 if he has not passed OTET earlier. If she/he does not pass the OTET by such date, she/he will not be eligible to get any further increment after 31st March 2019.” (emphasis supplied) 7. Now coming to the modified circular of the Government issued in letter No.4516 dated 4th March 2024 (Annexure-11) of School and Mass Education Department, the same reads as follows:- “On perusal of the demands of the issues of the left out Ganasikhyaks and the Level-V Asst Teachers (Ex- Cadre) whose Annual Increment had been stopped after March 2019, Govt after careful consideration, have been pleased to decide the following:- The Ganasikhyaks who have acquired OTET, shall be regularized as Level-V Asst Teacher (Ex- Cadre). This shall come into force w.e.f. the date of issue of this Notification. The Ganasikhyaks who have not acquired OTET, their monthly honorarium shall be hiked from Rs.7000/- to Rs.10,000/- (Excluding EPF). This shall come into force w.e.f. the date of issue of this Notification. Annual increment shall be sanctioned from 1.3.2020 onwards on notional basis and from 1.3.2024 on actual basis in case of those Level-V Asst Teacher (Ex-cadre) who have qualified OTET after 31.3.2019.” 8. A bare reading of the notifications under Annexure-7 and 11 cumulatively speaks that there would be two categories of such Gana Sikhyaks who are regularized as Level-V Assistant Teacher, W.P.(C) No. 18946 of 2024 Page 3 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2024 17:26:26 first, those who have acquired OTET qualification prior to 31st March 2019, and secondly, those who have acquired OTET after 31st March 2019. For those who have acquired OTET qualification prior to 31st March 219 there would be no hindrance for granting them annual increments from the date of their regularization. For those who have qualified OTET after 31st March 2019 would be allowed to get the benefit of annual increment in terms of the modified circular under Annexure-11, i.e. notionally from 1st March 2020 and actually from 1st March 2024. 9. In the instant case, it is admitted that the Petitioner has been regularized as Level-V Assistant Teacher with effect from 7th September 2017 and he acquired OTET notification on 21st November 2019. The notification of the Government under Annexure-7 do not prohibit grant of annual increments to all such regularized Level-V Assistant Teachers for want of OTET qualification till 31st March 2019. It is clear from the words “further increment” mentioned in Clause-2(b) of the notification. So the language used in the notification under Annexure-7 makes it clear that annual increment would be granted to all those regularized Level-V Assistant Teachers till 31st March 2019 irrespective of their acquisition of OTET qualification. Therefore, stoppage of annual increment from the date of regularization till 31st March 2019 for want of OTET qualification is unsustainable. In other words, benefit of annual increment has to be extended in favour of each such Gana Sikhyaks regularized as Level-V Assistant Teacher till 31st March W.P.(C) No. 18946 of 2024 Page 4 of 5 Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2024 17:26:26 2019 irrespective of the fact whether they have acquired OTET qualification or not. So the Petitioner is certainly entitled for grant of annual increment till 31st March 2019 from the date of is regularization, and after 31st March 2019 he will not be entitled to further increment for he not acquired said OTET qualification prior to 31st March 2019. Then again after acquiring OTET notification after 31st March 2019 he would be entitled to annual increment, notional or actual, as the case may be, prescribed in the notification dated 4th March 2024 of the Government under Annexure-11. But one thing is clear that the notification dated 4th March 2024 under Annexure-11 for the purpose of grant of annual increment is not applicable to those Gana Sikhyaks who are regularized as Level-V Assistant Teacher and have not acquired OTET qualification till 4th March 2024. 10. Accordingly, the Opposite Parties are directed to sanction and grant annual increment in favour of the Petitioner up to 31st March 2019 and thereafter in terms of Annexure-11 keeping in view his date of acquisition of OTET qualification with effect from 21st November 2019. 11.
Decision
In the result, the writ petition is allowed as above. Judge (B.P. Routray) Sangram Das, Sr.Steno W.P.(C) No. 18946 of 2024 Page 5 of 5