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Supreme Court of India 2019-09-26 allowed

DIRECTOR OF ELEMENTARY EDUCATION, ODISHA DIRECTOR vs SRI PRAMOD KUMAR SAHOO

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The respondent, appointed as a Primary School Teacher under a rehabilitation scheme in 1988, held intermediate qualification when hired but was placed in the pay scale for untrained matric-qualified teachers. After the 1990 pay rules separated scales for trained and untrained teachers, he claimed entitlement to the trained teacher scale. The Tribunal, based on State counsel's concession, allowed his claim. The Supreme Court reversed this, holding that intermediate qualification alone does not make one a 'trained teacher'—specific training in teaching is required. The concession contradicted statutory rules and was not binding on the State. Classification based on training and qualification is constitutionally valid.

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