STATE OF ORISSA Vs. RAJENDRA KUMAR DAS

JUDGEMENT

(1.) JUDGMENT

(2.) LEAVE granted.

(3.) THE High Court by the impugned judgments in separate writ applications came to hold that the functionaries of the State were not justified in refusing to accord approval. Stand of the State Government was that circular dated 8.7.1981 contained yardstick for fixation of standard staff for the Non-Government Secondary Schools in supersession of earlier circulars. Under the "category of staff" the number of peons which can be appointed was clearly spelt out. Only if the roll strength of the institution exceeded a particular number, one post of "Daftary" was admissible. According to the State Government the post of "Daftary" is a promotional post and, therefore, the concept of a "fourth peon" as sought to be canvassed by the writ petitioners is without any legal foundation. THE position was further clarified by Circular dated 27.3.1992. THE High Court on consideration of the rival stands came to equate the "fourth peon" with "Daftary" and held the claim of the writ petitioners warranted acceptance.