PRAMILA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE point involved in this case is whether the Orissa Administrative Tribunal has jurisdiction to adjudicate the claim of a person concerning his continued past services i.e., for the period during which he was not a Government servant and when the same related to the non -Government service period and the entire benefits are to be given by the Government, since later he became a Government servant.

(2.) THE brief facts of the case are that the petitioner was a Teacher in a non -Government School in Kunjabihari Girls High School at Kantilo in the District of Nayagarh. The Institution was taken over by the Government with effect from 7.6.1994 and in this way the petitioner became Government servant from the date of taking over of the Institution. The petitioner filed an Original Application before the Orissa Administrative Tribunal, Cut tack Bench, under the Administrative Tribunals Act, 1985, claiming her promotion to the post of Trained Graduate Teacher with effect from 12.5.1989, when she acquired the B.Ed, qualification. She further prayed for quashing the promotion order of Respondent No. 5 dated 3.4.1985 and its approval by the Director granted on 1.10.1998, Admittedly, all the claims of the petitioner relate to the period before the Institution in question was taken over by the Government. But as soon as she acquired the status of a Government servant she filed Original Application as a Government servant. Learned Counsel for the petitioner submitted that she had no other way except to file Original Application before the Tribunal as she was claiming benefit of her past services which is in continuity of the present services, the effect of which would go to her services as Government servant. The Tribunal framed two points for adjudication, which are as hereunder:

(3.) IN the case of Nalini Prava Dash v. State of Orissa and Ors. (supra), it has been held that the school where the petitioner was teaching was taken over by the Government and the appointment of the petitioner was approved with effect from 7.6.1994. The petitioner acquired the status of a Government servant with effect from that date and her claim for grant -in -aid in the scale of pay with effect from 1.3.1987 would be a claim against the State Government for arrears of pay at a particular rate, Obviously, the claim of a Government servant against the Government may be for a prior period for which the Government servant will have to approach the appropriate forum, i.e., the Orissa Administrative Tribunal. Learned Standing Counsel for the Schools and Mass Education Department has submitted that the Full Bench in the case of Smt. Rama Panigrahi (supra) has decided the question as to whether a writ application pending in this Court is liable to be transferred to Orissa Administrative Tribunal after taking over the School by the Government and, therefore, there is difference between the law settled by the Full Bench and the instant Case. In the instant case, the Original Application was filed before the Tribunal whereas in the case of Smt. Rama Panigrahi (supra) a writ application was pending before the High Court prior to taking over the institution by the Government.