Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 16792 of 1994
PETITIONER:
STATE OF ORISSA AND ORS.
RESPONDENT:
JOY PRAKASH PANDA AND ANR.
DATE OF JUDGMENT: 09/09/1994
BENCH:
K. RAMASWAMY & N. VENKATACHALA
JUDGMENT:
JUDGMENT
1994 SUPPL. (3) SCR 354
The following Order of the Court was delivered :
The Government in its proceedings no. 20300 dated May 28, 1985 evolved a
scheme to accord rehabilitation assistance to the families of a non-
government primary school teacher who die or suffer from permanent
incapacity while in service. They have prescribed that one member of the
family of the deceased or permanently disabled non-government primary
school teachers will be eligible for appointment in a class three or class
four posts under Government including a post of primary school teacher or
as the primary school teacher in a non-government primary school subject to
the condition that the member of the family who seeks to avail of this
facility possesses the requisite educational qualifications required for
the post. If such a person seeks appointment as a primary school teacher
whether in a government or in a non-government primary school, he may be
appointed as such if he possesses the requisite educational qualifications.
If such person does not possess the requisite training qualification,
he/she shall be required to acquire the necessary training qualification
within a period of three years from the date of appointment as a teacher in
a primary school. An untrained person appointed as a primary school teacher
would receive pay in the scale applicable to un-trained matriculate till
he/she acquires the training qualifications.
Clause II further provides that the above facility will be available to one
member of the family of the deceased or permanently disabled primary school
teacher provided due to the death or permanent disability occurred prior to
the period of the normal date of superannuation and not during the period
of re-employment or extension of service after retirement. For the purpose
of rehabilitation it was initiated to either husband or wife, son or
daughter including adopted son or daughter, step son or daughter or
dependent brother or sister. Applications for rehabilitation assistance
shall be received within a period of five years from the date of death or
permanent disability.
It is contended that the teacher, father of the respondent, was murdered on
September 15, 1984 and the application was made after the scheme has come
into force. The scheme has no application to the teachers who died prior to
the scheme came into force. The direction given by the Tribunal in OA No,
617/90 dated August 16,1993 is contrary to the scheme since it was not
intended for the benefit of dependents of those non-government primary
teachers who died or suffered disability prior to this scheme has come into
force. We find force in the contention. It states that the facility of
rehabilitation to the family of non-government primary school teachers
would be given to the teacher who dies or suffers permanent incapacity
while in service. In other words, it would be clear that the death of
teacher while in service or disability to a teacher should occur after the
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scheme has come into force. Therefore, an application made in compliance
with the conditions prescribed therein should be in respect of the teacher
who dies or suffer permanent disability after the scheme has come into
force. However, since the Tribunal has exercised the discretion and given
the benefit to the respondent no. 1 who is also qualified for appointment
to the post in class III or class IV or untrained primary school teacher we
find it not a fit case for interference.
The SLP is accordingly dismissed.