KUNI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner was working as a Peon in the Bada Bazaar Girls' M.E. School under the Sambalpur Municipality having been appointed on regular basis with effect from 21.5.1993 and selected by the Selection Committee of the said Municipality with prescribed scale of pay meant for the post. It is worthwhile to mention here that the Petitioner was working as an N.M.R. under the Municipality since 1982 continuously in different sections till her regular appointment on 21.5.93. However, the said appointment was for six months, which was extended from time to time and ultimately, the Petitioner was allowed to draw the revised scale of pay with effect from 1.4.1994 in the scale of pay of Rs. 750-12-870-EB-14-940/-. The Petitioner's appointment was not extended with effect from 1.3.95 and she was allowed to continue as N.M.R. But on her representation to the Hon'ble Minister, Urban Development Department, she was allowed to draw regular pay scale as she was in receipt with effect from 1.8.95 vide order of the Sambalpur Municipality dated 3.8.95. But she has not been paid the regular pay scale of the post of Peon with effect from 1.3.1995 to 31.7.95.

(2.) Again vide order dated 1.12.97, the Petitioner was appointed as a Peon for 44 days in the prescribed scale in supersession to all previous orders. In the said order of appointment, it was mentioned that the said appointment was purely temporary and can be terminable without prior notice on expiry of the term and she cannot claim her regular posting on the basis of this engagement in future. After completion of 44 days the Petitioner was relieved by the Headmistress of Bada Bazar Girls' M.E. School, Sambalpur. However, the said termination was again regularized on the ground of Model Code of Conduct in view of ensuing parliamentary election and the Petitioner's appointment was further extended for 44 days with effect from 16.1.98 to 28.2.98 in the time scale of Rs. 750-940/-. It was further extended for 44 days with effect from 3.3.98 to 15.4.98 and again from 18.4.98 to 31.5.98. It is not out of place to mention here that the Service Book of the Petitioner was opened by then with effect from 21.5.1993, i.e., from the date of her regular appointment as Peon. According to the Petitioner, when she was holding a substantive post, receiving her regular salary, Service Book was opened, the G.P.F. number was allotted and the house rent allowance was allowed to be withdrawn, there is no reason as to why the said appointment is being made on different spells threatening the livelihood of the Petitioner. After several representations, as it yielded no reason, the Petitioner submitted an appeal in December, 1997 to O.P. 1- Secretary to Government, Housing and Urban Development Department. As no action was taken on the said appeal, the Petitioner filed this writ petition with the following prayer:

(3.) Counter affidavit has been filed by the Executive Officer, Sambalpur Municipality indicating therein that the appointment of the Petitioner at no point of time was regularized but purely on temporary basis. In the year 1997 the Government of Orissa in Housing and Urban Development Department issued a circular giving clarification on engagement of D.L.R./N.M.R./Adhoc staff in different Urban Local Bodies of the State. As the case of the Petitioner was not come within the purview of the said circular, she was disengaged after 13.1.1998.