Sujit Narayan Prasad, J. - (1.) This writ petition under Articles 226 and 227 of the Constitution of India wherein the order dated 19.6.1997 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in OA.No.1443(C) of 1997 is under challenge, whereby and whereunder the Tribunal, while dismissing the original application, has declined to consider the petitioner as inservice candidate deputed for training and accordingly claim of the salary during the training period has been refused to be granted.
(2.) Fact of the case is that the petitioner entered into service as an Assistant Teacher on 15.9.1989 as an untrained candidate, gone for Certified Teachers Training inGovernment secondary Training School, Khalikote as an inservice candidate. The petitioner, after completion of the training, has joined service on 2.4.1991. The authorities have denied salary of the period of the training, hence he made due representation for its consideration since, according to the petitioner, other similarly situated persons have been allowed the said benefit.
(3.) The State had appeared before the Tribunal and opposed the relief sought for by the petitioner by submitting that the petitioner is not entitled to salary for the training period for the reason that he was appointed without having any training qualification in untrained scale of pay on the condition that he will complete the training qualification within three years from the date of appointment otherwise he shall be terminated from service. It has been submitted that cases of others are different to that of the case of the petitioner and as such the Tribunal is right in rejecting the claim of the petitioner.;