BIBEKANANDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application is practically an off shoot of the judgment of this Court dated 27.6.1997 rendered in O.J.C. No. 1012 of 1996 (which was a writ petition filed by the applicant Bibekananda Das) reported in 1997 (II) O.L.R. 122. The applicant prays in this application for a direction to the opposite parties to implement and give effect to the order and direction contained in the aforementioned decision.

(2.) IT is relevant to briefly trace the history leading to filing of this application. The applicant was an assistant teacher in Pipili High School since 6.11.1989. He filed the aforesaid writ petition (O.J.C. No. 1012 of 1996) seeking for a direction to the opposite parties to approve his appointment and release his salary both arrear and current in the pay scale of untrained graduate teacher with effect from his date of appointment. He had also made a prayer for quashing of office order No. 1657 dated 8.2.1996 of the Inspector of Schools disapproving his appointment against the additional section on the plea that he did not possess the prescribed qualification to hold the post of trained graduate teacher. The opposite parties contested the case by filing counter affidavit. Their case was that the applicant did not possess the requisite qualification and, therefore, the Inspector of Schools rightly disapproved his appointment.

(3.) IT would be appropriate to extract the entire office order dated 27.5.2000 of the Inspector of Schools. Puri Circle, which is at Annexure C. 'In pursuance of letter No. 13680/S&ME; dated 11.5.2000 of Commissioner cum Secretary to Government, School and Mass Education Department, Orissa, Bhubaneswar and Memo No. 11670/S&ME; dated 24.4.2000 of the Deputy Secretary to Govt. Department, of School and Mass Education, Orissa, Sri Bibekananda Das whose continuance in Pipili High School, Pipili beyond 701 Additional Section teacher as against 869 posts approved earlier by virtue of order of Hon'ble Court in O.J.C. No. 1012/96 is considered and rejected on the following grounds.