PRABIRA KUMAR BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners, who are the teaching staff of the School for the Deaf located at Sunabeda in the district of Koraput, have filed this writ application challenging the order dated 25.7.2001 passed by the District Social Welfare Officer, Koraput, O.P.4, in Annexure-10 intimating them that in response to the order dated 19.9.2000 passed by this Court in O.J.C. No. 7823/2000 and in view of the reduction of budgetary provision, the Government in Women and Child Development Department has been pleased to decide not to allow the benefits of the O.R.S.P. Rules, 1996 (Orissa Revised Scales of Pay Rules, 1996) in favour of teaching staff of special schools.

(2.) The brief facts leading to this writ application tend to reveal that the school in which the Petitioners were appointed was established in the year 1986 by the Red Cross Rotary Society, Koraput, which is a voluntary Organization and established the school for imparting education to the handicapped children. The State Government in Community Development & Rural Reconstruction Department after careful consideration of the financial assistance provided to the voluntary organizations for maintaining the special schools imparting education to blind, deaf and dumb and mentally handicapped children in the State, framed a set of rules called "Rules Governing Grant-in-Aid to Institutions Imparting to Handicapped Children's" (herein after called, "the GIA Rules") and notified the same by the resolution dated 31.12.1985, vide Annexure-1. Rule-5 of the said GIA Rules dealing with the scale of GIA provides as follows:

(3.) The Management shall be eligible to receive grant-in-aid from Government to meet the expenses on account of salaries of teachers subject to the following conditions: