RASMI RANJAN SRICHANDAN Vs. PRINCIPAL CUM SECRETARY

JUDGEMENT

(1.) THE petitioners were appointed as Store -Keepers in the various Science Departments of Sri Jayadev College of Education and Technology. Subsequently, vide separate orders passed on 9.7.1998, they were relieved from their duties. The legality of such orders as per Annexure -1 series has been called in question in this common writ application. It is contended by the petitioners that without holding any enquiry and without taking prior approval of the D.P.I. as contemplated in Section 10 -A of the Orissa Education Act, the petitioners have been relieved from their duties. It appears that the matter had been brought to the notice of the Director of Higher Education and the Deputy Director had written a letter to the Principal indicating that the petitioners had been relieved from their duties without holding any enquiry.

(2.) IT appears from the counter affidavit filed on behalf of the College that the three petitioners had been appointed at a time when the Special Officer was in charge in the absence of the Governing Body and some disturbances had been caused by some people relating to the appointments of the petitioners and when the matter was referred to the Special Officer for advice, he had directed to terminate the services of the petitioners and accordingly they were relieved from their duties.

(3.) THERE is no doubt that the orders relieving the petitioners from their duties cannot be sustained in view of the provisions contained in Section 10 -A of the Orissa Education Act. It is obvious that they were relieved from their duties being pressurised by members of public, but that cannot be a ground for terminating their services. Since rules of natural justice had not been followed, no enquiry had been conducted in accordance with rules and prior approval had not been obtained, the orders relieving the petitioners from their duties cannot be sustained. However, in the facts and circumstances of the case, while setting aside the orders in Annexure -1 series and permitting the petitioners to rejoin the College, we make it clear that no arrear pay shall be paid to the petitioners for the period for which they did not work. However, it is made clear that there shall be continuity of service for other purposes.