STATE OF ORISSA AND ORS. versus JOY PRAKASH PANDA AND ANR.

Citation: [1994] SUPP. 3 S.C.R. 354 · Decided: 09-09-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Dismissed

Judgment (excerpt)

A 
B 
STATE OF ORISSA AND ORS. 
v . 
. JOY PRAKASH PANDA AND ANR. 
SEPTEMBER '9, 1994 
(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. 
The following Order of the Court was' delivered : 
c 
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. . 
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 
G 
the period of re-employment or extension of service after retirement. For H 
356 
SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R. 
' 
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A 
the purpose of rehabilitation it was initiated to either husband or wife, son 
or daughter including adopted son or daughter, step son or daught

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