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TMI Blog2019 (9) TMI 1567X X X X Extracts X X X X X X X X Extracts X X X X ..... llant to grant pay scale of Trained Intermediate Arts Teacher i.e. Rs. 1080/- -Rs. 1800/-. 2. The Respondent was appointed under the Rehabilitation Assistance Scheme bearing order dated August 06, 1988 after death of his father Basanta Kumar Sahoo. 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. The Respondent has intermediate qualification at that time and had appeared for B.A. examination when he was appointed as Primary School Teacher against the Matric Teachers Certificate Post. The said pay scale is payable to Untrained Teachers having Matric qualification, whereas pay scale of Rs. 840/- - Rs. 1240/- is the pay scale granted to Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Trained Matric Teacher. The said corrigendum reads as under: Sl. No. Name of Post Existing Scale of Pay 1985 Revised Scale of Pay 5(i) Untrained Intermediate Teacher 840-1240 975-1660 (ii) Trained Matric Teacher 840-1240 1080-1800 5. The Respondent claimed that he is entitled to pay scale of Rs. 840/- - Rs. 1240/- from the very day of his appointment and pay scale of Rs. 1080-1800 after Orissa Revised Scales of Pay Rules, 1989 as amended in the year 1990. Since the said pay scale was not granted to him, he invoked the jurisdiction of the Tribunal when he filed O.A. No. 831(C) of 1998. 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. Reference was made to Himalayan Coop. Group Housing Society v. Balwan Singh and Ors. (2015) 7 SCC 373 wherein, this Court held as under: 32. Generally, admissions of fact made by a counsel are binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions. Furthermore, a client is not bound by a statement or admission which he or his lawyer was not authorised to make. A lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such teachers. The classification based upon educational qualification for grant of higher pay scale to a trained person or a person possessing higher qualification is a valid classification. It has been so held in Shyam Babu Verma and Ors. v. Union of India and Ors. (1994) 2 SCC 521, wherein this Court held as under: 9. ... The nature of work may be more or less the same but scale of pay may vary based on academic qualification or experience which justifies classification. The principle of 'equal pay for equal work' should not be applied in a mechanical or casual manner. Classification made by a body of experts after full study and analysis of the work should not be disturbed except for strong reasons which ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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