Khireswar Meher vs State Of Odisha And Ors

S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard.

Learned counsel for the petitioner submits that the petitioner was appointed as Primary School Teacher on 26.12.1998 under Sambalpur Education Circle and joined the said post on 15.01.1999. The petitioner was suddenly terminated from his service by the Department on 11.10.1999 due to some allegation of manipulation in the process of selection as far as Sambalpur Education Circle is concerned. Accordingly, the Government took a harsh decision for termination of the candidates. Challenging the said termination by the Department, the petitioner and others had approached the State Administrative Tribunal, Cuttack (for short “the Tribunal”) in O.A. No.2583(C) of 1999 and batch of applications. The Tribunal while deciding O.A. No.2583(C) of 1999 and batch of applications has passed the order dated 31.03.2000 as under:

“However, since a clear stand is taken in the Govt. Counter that there was fraud in the selection process it cannot be brushed aside lightly We, therefore, direct that this aspect be probed into by a high level committee consisting of an officer of the Department not below the rank of an Addl. Secretary, Director, Elementary Education and Director, Secondary Education Depending upon the findings of this committee a conscious decision be taken by a the Department as to whether the Circle wise Selection in the two Circles should be cancelled and fresh selection held in respect of the vacancies in which the applicants were appointed. Till a decision is taken they should continue in their respective posts provisionally. If a fresh selection is held, the applicants shall be allowed to take part in it by relaxing the upper age limit in respect of those who might have become age barred in the mean time and till the vacancies are filled up on a regular manner, they shall be allowed to continue in their respective posts provisionally. Their provisional continuance in either case shall be subject to the condition that it shall not confer any right on them to claim their posts. If some of the applicants, even though protected by the interim orders of the Tribunal, are out of service they shall be allowed to rejoin the posts and work till the above exercise is completed. If any of them has not been paid salary for any period he had actually worked, then salary as due and admissible shall be paid to him within one month from the date of receipt of this order.”

Such order was challenged by the Government of Odisha, Department of School and Mass Education before this Court in O.J.C. No.6447 of 2000. This Court disposed of the said writ petition on 20.12.2018 with the following directions:

"11. As per the report, at present 1473 nos of Primary School Teachers are continuing and about 636 number of cases are pending before the Hon'ble OAT.

A Committee was constituted under the Govt. orders, heading Director, Elementary Education, Odisha. Learned Sr. Standing Counsel and officials of Govt. related to Elementary Education.

The Committee recommended that since the incumbents are continuing since 1997-98 and receiving salary as regular manner without any service benefits like TBA/ACP/RACP and promotional benefits, Govt. may consider to regularize the incumbents (either legally or illegally recruited) and those candidates out in service, though in the merit position may not be allowed to join subject to leave of Hon'ble OAT/High Court."

Thereafter, the District Inspector of School, Bargarh vide Office Order dated 14.10.2011 provisionally allowed the petitioner and some others to continue in their respective posts and the petitioner continued in service provisionally. The opposite party No.1-Principal Secretary to Government of Odisha, Department of School and Mass Education implemented the order dated 15.10.2020 passed by this Court in O.J.C. No.6447 of 2000 regularizing the service of the petitioner and others with effect from 15.10.2011. Accordingly, the service of the petitioner has been regularized with effect from 15.10.2011 vide Office Order dated 31.12.2020 issued by the opposite party No.3- District Education Officer, Bargarh.

The grievance of the petitioner is that though his service has been regularized with effect from 15.10.2011, the opposite parties be directed to count the service period from 15.01.1999 to 15.10.2011 and extend the notional benefits to the petitioner.

In view of such facts, let notice be issued to the opposite parties.

Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of the opposite parties. Required number of copies of the writ petition be served on him within three working days hence, who shall obtain instructions in the matter.

Since the similar matter i.e. W.P.(C) No.4391 of 2022 has been fixed for hearing on 04.05.2022, this matter be tagged to the same.

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