LAWS(SC)-1999-8-129

STATE OF ORISSA Vs. DIPTI PAUL

Decided On August 11, 1999
STATE OF ORISSA Appellant
V/S
Dipti Paul Respondents

JUDGEMENT

(1.) The Government of Orissa by Resolution No. 33891 dated 3-8-1989 introduced a scheme under which trained matriculates were to be engaged as sikhyakarmis in primary and upgraded upper primary schools on a fixed remuneration. The duties of Sikhyakarmis were to promote universal primary education by motivating parents of children below the age of 14 years to get their children enrolled in primary schools and to motivate them to attend the classes regularly. They were also to assist the regular teachers in primary and upper primary schools in the teaching work. Under this Scheme, sikhyakarmis were appointed on a fixed salary of Rs. 400 per month. The resolution further provided that if they worked for three years, their salary could be fixed at Rs. 600 per month. At the end of four years, if their work was satisfactory, they would be considered for appointment as Primary school Teachers on a priority basis.

(2.) This Scheme was in operation for approximately seven years, when on account of various difficulties experienced by the Government in the working of the Scheme and the complaints received, the Government decided to abolish Sikhyakarmis. Accordingly, by resolution dated 3-1-1996, the government decided that the Scheme of engagement of Sikhyakarmis would be abolished forthwith and no further engagement of Sikhyakarmis would be made. Henceforth, vacancies in the rank of Primary School Teachers would be filled through direct recruitment.

(3.) By a further Resolution No. 7379 of 12-3-1996, it was resolved that those Sikhyakarmis who had not been appointed as Primary School Teachers till then, may be appointed as such in vacancies arising in the sanctioned strength of Primary School Teachers on conditions which were set out in the resolution. By another resolution of the same date, it was stated that consequent upon abolition of the Scheme of engagement of Sikhyakarmis, it had been decided that Sikhyakarmis who were eligible in terms of the decision of the Government, should be absorbed as Primary School Teachers against vacancies available, and further that the vacancies in the post of primary School Teachers which remained unfilled after such adjustment would be filled up through direct recruitment.