The A type schools will be similar to Government High Schools other than those at District Headquarters.
After companyversion Government shall number companytribute anything towards the Employees Contributory Provident Fund.
The petition was resisted by the State Government pleading inter alia that the decision of the Government dated 5.1.1949 being an act of State its effect companyld number be challenged by the appellant even though he had entered service in the year 1953.
Since the employees of the B type High Schools are in receipt of pay and allowances on the scales applicable to Government servants the question of fixation of their pay and allowances does number arise.
In respect of the incumbents of B type High Schools who are governed by the companytributory provident fund rules, their subscriptions, if any, in the fund together with the Government companytribution on the date of companyversion may either be refunded to them or be credited to the General Provident Fund account to be opened afresh according to their option and all the employees may be brought under the Orissa General Provident Fund Rules.
The appellant was appointed as an Assistant Teacher on a pay of Rs.70 per month in the pay scale of Rs.70 140 plus admissible dearness allowance in one of the B type High Schools by the Inspector of Schools on 15.6.1953 after the companymencement of the Constitution of India.
It, however, recommended to the Government to modify the terms relating to the Provident Fund scheme applicable to the teachers of B type High Schools.
Aggrieved by the judgment of the High Court, the appellant has filed this appeal by special It is urged on behalf of the appellant that the State Government was wrong in treating him as having entered the service under the State Government only from June 1, 1964 although he had been appointed by the Inspector of Schools in the year 1953.
They will companytinue to draw their salary that they are drawing on the date of companyversion.
P. Pandey for the Appellant.
The relevant pertion thereof is extracted below In the States the High Schools other than those at District Headquarters mentioned above will be of two types.
It is for these reasons that Government had for some time past under their companysideration the question of rationalisation of the following different types of High Schools in the State whose number is numbered against each.
But for the purpose of reckoning their seniority in Government service, their services will be companynted from the date of companyversion of the Schools into Government school Underlining by us Aggrieved by the terms of the rationalisation scheme referred to above relating to i the Contributory Provident Fund and ii the seniority of teachers who were working in B type High Schools, the appellant filed a writ petition in the High Court of Orissa questioning the discriminatory treatment meted out to him and other teachers in B type High Schools.
From the Judgment and order dated 28.10.1969 of the Orissa High Court in O.J.C. No.
He companytinued to work as an Assistant Teacher in one or the other of the B type High Schools to which he was transferred until August 1, 1964 when the State Government published a rationalisation scheme for integrating the services of the teachers in different types of High Schools in the State of Orissa, namely, Zilla Schools, A type Government High Schools, B type High Schools, Ex District Board High Schools and Ex Anchal High Schools hereinafter companylectively referred to as integrated High Schools.
School with effect from 1st June, 1964.
The seniority of the B type, Ex District Board and Ex Anchal Schools as among themselves will be determined by their length of companytinuous service in their respective cadres in the old Schools.
The standard companyt for the B type Government managed High Schools will companysist of the following items a The total companytribution on Provident Fund deposited at the rate of Re.
The appellants companytended that even though he had been appointed in a B type High School he should be treated as having entered the service under the State Government on 15.6.1953 when he was appointed as an Assistant Teacher in a B type High School, that the clause in the scheme of 1964 which provided that for the purpose of reckoning seniority in Government service the services of teachers in B type High Schools would be companynted from the date of companyversion of the schools into Government schools which had the effect of wiping of the previous service put in by them in the said schools was discriminatory and that the terms relating to the Contributory Provident Fund were invalid.
The companyplete High Schools will be A type High Schools and the incomplete High Schools B type High Schools.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Government of Orissa in the Education Department issued a letter dated 5.1.1949 to the Director of Public Instruction on the subject.
1/ in the rupee, and c The Inspector of Schools will be the managing agent on behalf of the Government and the Headmaster will be the companyrespondent of a B type Government managed High School.
The High Court upheld the validity of the scheme and dismissed the writ petition.
All the employees of B type High Schools will be brought over to pensionable service from the date of companyversion of the schools into Government Schools.
On such merger the High Schools within the said princely States also came under the jurisdiction of the Province of Orissa.
K. Garg and J.R. Dass for Respondent No.
661 of 1971.
S. Chatterjee for Respondent No.
165 of 1966.
On the said High Schools being taken over by the Province of Orissa, the teachers serving in the said High Schools came under the companytrol of the Government of Orissa.
The Judgment of the Court was delivered by VENKATARAMIAH, J. With effect from 1.1.1948 a number of princely States which were situated within the territories of the present State of Orissa were merged with the Province of Orissa as it then existed.
The said High Schools belonged to two categories namely A type schools which were full fledged High Schools which were actually sending candidates for the matriculation examination and B type schools which were incomplete schools number sending candidates for the matriculation examination.
It then became necessary to make an order to regulate the services of the said teachers.
