High CourtsDivision Bench(2003) 07 OHC CK 0024

Tamalamani Mohapatra vs State of Orissa and Others

Orissa High Court · Decided on 15 July 2003 · Citation: (2003) 2 OLR 179

HON’BLE JUDGES
P.K. Mohanty, J · P.K. Misra, J
CASE NUMBER
Writ Petition (C) No. 5883 of 2003

AI Structured Summary

Not yet generated for this judgment

Judgment

17 paragraphs · 327 words
1.

Heard learned counsel for the parties.

2.

The petitioner asserts to have worked as a Non-Formal Instructor/Supervisor under the Non-Formal Education Scheme which has since been

discontinued by the Government and in its place, a new scheme called E.G.S. and A.I.E. scheme has been introduced. Under the new scheme,

according to the Government instruction/guidelines, the retrenched, N.F.E. Instructors/Supervisors are to be given preference in

appointment/engagement of Education Volunteers (Swachhasevi Sikshya Sahayaks). But it is alleged that instead of following the instructions and

giving preference to the petitioner, the opposite party-authorities under the Scheme have proceeded with the appointment/appointed persons of

their choice, which is illegal, arbitrary and liable to be quashed. The petitioner appears to have made a representation to the Collector of the

District raising such grievances but it is yet to be attend to.

3.

In such view of the matter, we feel it appropriate that the Collector should look into the matter and take an appropriate decision, if necessary,

by issuing notices and hearing the parties. The petitioner shall file a fresh representation along with a certified copy of this order and a copy of this

writ petition before the Collector preferably within a fortnight for consideration.

4.

The writ petition is thus disposed of with the direction to the opposite party-Collector of the District to consider the representation of the

petitioner in accordance with the instructions/ guidelines governing the field after issuing notices to the selected candidate/appointee, if any, and the

petitioner and after giving opportunity of hearing, dispose of the same on its own merit by a speaking order within a period of three months from

the date, the petitioner files the aforesaid papers. In case, the recommendation of candidates for engagement of volunteers are not yet approved, it

shall not be approved until the Collector dispose of this matter in terms of the aforesaid direction of this Court.

5.

Urgent certified copy of this order be granted as per rules.