RABINARAYAN MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Special leave granted.

(2.) Rabinaray an Mohapatra the appellant was appointed as Hindi Teacher in Banigochha, M.E. School (Orissa) for a period of 89 days or till a candidate selected by the State Selection Board was made available. He joined the school on July 12, 1982. The appointment was made by the District Inspector (Schools) on the recommendation of the managing committee of the school. He continued to serve the school with repeated spells of 89 days-appointments and one day break in between the spell, till May 25, 1986. He was not paid the salary for the period of summer vacations during all these years. Although the appellant continues to serve the school to-date under orders of the managing committee yet his appointment after 1986 has not been approved by the educational authorities. The managing committee even passed a resolution on July 6, 1987, requesting the educational authorities of the State of Orissa to approve the continuous appointment of the appellant as Hindi Teacher but no action was taken by the said authorities.

(3.) The appellant filed a writ petition under Article 226 of the Constitution of India before the Orissa High Court claiming regularisation as Hindi Teacher with effect from July 12, 1982. The only argument raised before the High Court was that the appellant was entitled to be regularised in terms of the provisions of Section 3 of the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1989 (hereinafter called 'the Validation Act'). The relevant part of Section 3 of the Act is reproduced hereinafter: