DIRECTOR ELEMENTARY EDUCATION Vs. PRATAP KUMAR NAYAK

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises from the order dated 15/1/1996 of the orissa Administrative tribunal, made in MP No. 3473 of 1995. The respondent was initially appointed as a non-formal Facilitator under a non formal Education Programme, a scheme sponsored by the central government for imparting primary education to the children in the age group of 6 to 12 years. The State government issued on 10/10/1990 guidelines for appointment of Facilitators as regular primary school teachers. In the said guidelines, the Facilitators have to complete three years of service and must have acquired C. T. training by 31/12/1990. When the respondent filed an OA in the tribunal, the tribunal had given direction to the appellant to consider his case according to rules. It is not in dispute that by proceedings dated 19-5-1993, his case was considered and he was not found eligible under the rules. The respondent filed contempt proceedings in the tribunalstating that the appellants have deliberately violated the orders passed by the tribunal. In the impugned order, it is stated that: "in the circumstances, the Order dated 11/11/1992 be implemented within 15 days from the date of receipt of a copy of this order. The applicant be given appointment like his juniors who have been given such appointment. If none of his juniors have been given appointment, then the respondents would take action as per the prevailing instructions by giving him notional appointment as Sikhyakarmi in accordance with the Circular dated 24/9/1992 and after determining his deemed date of appointment as Sikhyakarmi, give appointment to him as regular primary school teacher, as is being done in cases of Sikhyakarmis. "