NIRUPAMA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the order dated 10.10.2011 passed by the Joint Director, Regional Directorate of Education, Bhubaneswar in Appeal Case No.120 of 2009 preferred by opposite party no.4 challenging her termination from service and also praying for reinstatement.

(2.) OPPOSITE Party no.4 was appointed on 06.8.1993 as an Assistant Teacher in Anchalika Girls' High School, Saradapur in the district of Bhadrak. She acquired B.Ed. training qualification in the year 1994. The Managing Committee of the said School by resolution dated 20.7.2001 promoted her to the post of Headmistress. In the said resolution the present petitioner was promoted to the post of Second Trained Graduate Teacher. The name of opposite party no.4 was stated to have been sent as In -charge Headmistress of the said School in the Renewal Recognition Forms from the year 2002 -03 to 2006 -07. Her case was that she performed regular duty as In -charge Headmistress till 20.7.2007, on which date she was asked by the Secretary of the Managing Committee of the School to sign the Renewal Recognition Form of the year 2007 -08 indicating her name against the Second Trained Graduate post instead of Sl. No.1 meant for the post of Incharge Headmistress. When she refused to sign the said form, she was not allowed by the Managing Committee of the School to perform her duty in the School, which amounts to termination and therefore, challenging such action of the Managing Committee appeal was filed before the Regional Directorate of Education, Bhubaneswar.

(3.) THE appellate authority on verification of the records came to a conclusion that reversion of opposite party no.4 from the post of Headmistress -in -Charge to the post of Second Trained Graduate Teacher without affording an opportunity of hearing was illegal. Even the order of termination was held to be illegal on the ground that due procedure of law had not been followed and opposite party no.4 had not been given an opportunity of hearing. Accordingly the appellate authority in the impugned order directed for reinstatement of opposite party no.4 as In -Charge Headmistress of the School and granted opportunity to the Managing Committee to take disciplinary action against her on specific charges after affording reasonable opportunity. At the same time it was also directed by the appellate authority that since opposite party no.4 has already rendered Government service as Sikshya Sahayak from 02.1.2008 till the date of order, her services from the date of such appointment till the date of reabsorption as In -charge Headmistress of the School shall not count towards regular services for future purposes.