STATE OF ORISSA AND ORS.versusJOY PRAKASH PANDA AND ANR.

A                        STATE OF ORISSA AND ORS.
                                    v.
                     . JOY PRAKASH PANDA AND ANR.

                              SEPTEMBER '9, 1994

B            (K. RAMASWAMY AND N. VENKATACHALA, JJ.)

          Service law :

           Rehabilitation scheme for assistance to families of non Govt. Primary
C   school teachers dying in seTVice-Death of teacher before the scheme came
    into force-Claim for relief after the scheme came into force-Relief granted
    by Tribunal-Held scheme was applicable only to teacher dying subsequent
    to enforcement of schem&-But case held not fit for interference by the
    Supreme Court.

D        With a view to providing rehabilitation assistance to the families of
    non-government primary school teachers who die or suffer from per-
    manent incapacity while in service, the appellants-State evolved a scheme
    on May 28, 1985. Under the Scheme one member of the family of the
    deceased or permanently disabled teacher was eligible for appointment in
E   a class-ill or class-IV post under government or ·as a primary school
    teacher. The respondent, whose father was murdered before the scheme
    came into force, claimed relief after the scheme came into force, which was
    granted by the Tribunal.

          In State's appeal to this Court it was contended that the Tribunal
F   erred in granting the relief to the respondent because the scheme has no
    application to teachers who died prior to the scheme came into force.

          Dismissing the petition, this Court

          HELD : The scheme states that the facility of rehabilitation would
G be given to the family of non-government primary school teachers who died
    or suffer permanent incapacity while in service. Thus it would be clear that   :
    the death of a teacher while in service or disability to a teacher should
    occur after the scheme has come into force. Therefore, an application made
  · in compliance with the conditions prescribed therein should be in respect
H of the teacher who dies or suffers permanent disability after the scheme
                                        354
                    STAIB OFORISSA v. J.P. PANDA                     355

has come into force. However, since the Tribunal has exercised the discre- A
tion and given the benefit to the respondent who is also qualified fur ·
appointment to the post in class m or class IV or untrained primary
school teacher, it is not a fit case for it interference. [356-D-E]

     CIVIL APPELLATE JURISDICTION : Special Leave Petition (C)
No. 16792 of 1994.                                                         B

      From the Judgment and Order dated 16.8.93 of the Orissa Ad-
ministrative Tribunal, Bhubaneshwer in OA. No.617 of 1990.

      Ms. Kirti Misra for the Petitioners.
                                                                           c
     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 D
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 E
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 F
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. .
                                                                           G
      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 H
    356                   SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R.
                 '    i
A   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.                                                           -
B          It is rontended that the teacher, father of ·'the respondent, was
    murdered on September 15, i984 and the application \yas made after the
    ~cheme 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
C   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
D   of teacher while in service or disability to a teacher should occur after the
    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 Tribupal has exercised the discretion and given
E   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 aceordingly dismissed.

    T.N.A.                                                   Petition dismissed.