BASANTI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) . The petitioner has approached this Court for regularisation of her service under the provisions of the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1989, shortly called 'the Act', as amended by the Orissa Act 18 of 1989. The prayer for regularisation having not been conceded by the authorities, this Court has been approached under Articles 226 and 227 of the Constitution,

(2.) THE case of the petitioner is that she was appointed as a teacher for 89 days by the Managing Committee of C.S. Colony High School, Sambalpur, in the pay scale of Rs. 400 -620/ -with usual DA as admissible by the Government. The appointment letter which is dated 1 -10 -1981, however, stated that the pay scale would be given from the date of sanction and approval by the authority and for the time being she would be offered a consolidated amount of Rs. 200/ - per month. It may be stated that the appointment came to be made because of opening of additional sections following introduction of ten -plus -two course in the School. Though the Inspector of Schools was approached by the Managing Committee for sanction of additional sections and additional posts, the same was granted with effect from 1 -8 -1985 only The appointment of the petitioner herself was approved with effect from 29 - 1 -1986, vide communication of the Inspector of Schools dated 28 -1 -1987 as at Annexure 4 As the additional sections had been approved only with effect from 3 -8 -1985, the benefit of regularisation of service under the Act was not made available to the petitioner.

(3.) TO claim regularisation under the aforesaid provision, the following conditions must, be satisfied; -