The respondent was appointed under the Rehabilitation Assistance Scheme bearing order dated August 06, 1988 after death of his father Basanta Kumar Sahoo.
The Orissa Revised Scales of Pay Amendment Rules, 1990 were published by the Government of Odisha on September 12, 1990 amending the Orissa Revised Scales of Pay Rules, 1989.
He joined on August 10, 1988 as Primary School Teacher in pursuance of the said order in the pay scale of Rs.780/ Rs.1140/ with D.A. as admissible.
1080 1800 after Orissa Revised Scales of Pay Rules, 1989 as amended in the year 1990.
The basis of argument is that he is intermediate and, thus, he is to be treated as a Trained Teacher which will entitle him to the pay scale of Rs.1080/ Rs.1800/ .
Before the learned Tribunal, the companynsel for the appellant companyceded that the Teachers having intermediate qualification are entitled to the scale of pay as is available to Trained Matric Teachers.
It is thereafter the writ petition was filed which was dismissed vide the order impugned in the present appeal.
Thereafter, the appellant filed the review petition which was dismissed on January 22, 2015.
Such application was dismissed on the ground that the remedy of the appellant was either by filing an application of review or modification but since such application has been filed after two years of the order having been passed by the Tribunal, the same was dismissed on the ground of laches as well as there is numbererror apparent on the face of the order.
The appellant filed an application, inter alia, on the ground that wrong submission was made by the companynsel for the appellant.
Since the said pay scale was number granted to him, he invoked the jurisdiction of the Tribunal when he filed O.A. No.831 C of 1998.
On the basis of such companycession, the learned Tribunal allowed the Original Application on February 19, 2010.
HEMANT GUPTA, J. The challenge in the present appeal is to an order passed by the High Court of Orissa on March 3, 2016 whereby, the writ petition filed by the appellant challenging the order passed by the Odisha Administrative Tribunal1 on February 19, 2010 remained unsuccessful.
The said companyrigendum reads as under Sl.
