RASHMIREKHA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These writ petitions have been filed to quash the order dated 09.12.2011 passed under Annexure-6 by opposite party No. 1-Commissioner-cum-Secretary, School and Mass Education Department, Odisha, Bhubaneswar, wherein it has been held that petitioners having being disengaged as Education Volunteers working in Alternative Innovative Education (for short 'AIE') Centres under the Employment Guarantee Scheme (for short 'EGS') their case cannot be considered for engagement as Ganasikshyak under Sarba Sikshya Abhiyan pursuant to Resolution No. 3358 dated 16.02.2008 (Annexure-1) of School and Mass Education Department under which only the disengaged Education Volunteers working in EGS Centres have been engaged. Further prayer of the petitioners is for a direction/order to opposite parties to engage them as Ganasikshyak in view of the engagement of similarly situated Education Volunteers and to declare that the Education Volunteers of A.I.E. Centres are eligible to be considered for the post of Ganasikshyak in terms of the Resolution of the Government and to provide all the benefits accrued under the said Scheme as provided to Education Volunteers of EGS Centres. In W.P. (C) No. 21156 of 2010, prayer has been made to hold/declare non-inclusion of the Education Volunteers of AIE Centres in the Resolution dated 16.02.2008 of the School and Mass Education Department Government of Odisha for rehabilitating the said Education Volunteers as Ganasikshyak illegal, unconstitutional and unsustainable in the eye of law. Further prayer is to modify the resolution dated 16.02.2008 by extending the benefit to all Education Volunteers working in AIE Centres at par with the similarly situated persons in EGS Centres and to consider the case of the petitioners for their engagement as Ganasikshyak.

(2.) Since issues involved in all the writ petitions are similar in nature, they are dealt with together in this common judgment.

(3.) Petitioners' case in a nutshell is that they were disengaged as Education Volunteers in the district of Nuapada. Their appointment was made by the competent authority in due process of selection. Accordingly, an agreement was executed between the VEC and the petitioners and they joined on 14.07.2003 in different AIE Centres as Education Volunteers and were disengaged during May, 2007. Since the date of engagement, the petitioners had been discharging their duties till closure of EGS/AIE Scheme. During the service period they have attended different training programmes for imparting better education to the children as per the direction of the authorities. After closure of EGS/AIE scheme, the State Government in School and Mass Education Department introduced a Resolution dated 16.02.2008, wherein it is stipulated that the disengaged Education Volunteers will be rehabilitated as Ganasikshyak under Sarba Sikshya Abhiyan in different schools of the State. Accordingly, to implement the Scheme, the State Project Director, OPEPA issued clarification dated 05.04.2008 (Annexure-2) to the various queries of the Collectors relating to rehabilitation of Education Volunteers, who can be appointed as Ganasikshyak. It is clarified that in procedure No. 1, Education Volunteers of all EGS/AIE guidelines of the Government of Odisha, in School and Mass Education Department shall be eligible for rehabilitation as Ganasikshyak subject to satisfaction of other norms. As per the instruction of the Government in School and Mass Education Department, all the District Offices including the District Office, Nuapada prepared a list of status report of disengaged Education Volunteers for engagement of Ganasikshyaks and the petitioners have been placed in the said list. From the said list, Education Volunteers, who were working in EGS Centres, have been rehabilitated as Ganasikshyaks but the petitioners were not rehabilitated as Ganasikshyaks on the ground that they were not working in EGS Centres but working in AIE Centres. Collectors, Nuapada submitted his detailed report to opposite party No. 1 on 09.06.2008 for consideration of petitioners' case but no action has been taken till filing of the present writ petitions despite several letters written to opposite parties 3 and 4. District Project Coordinator, SSA, Nuapada on 13.04.2010 had issued a letter to opposite party No. 2 furnishing detailed information along with a list of Education Volunteers, who were working in AIE Centres and the same is pending with the Government for decision. Since no action was taken by the authority, petitioner No. 1 [in W.P. (C) No. 1716 of 2012] filed writ petition bearing W.P. (C) No. 11081 of 2011 which was disposed of on 10.05.2011 directing opposite party No. 1 to consider the case of the petitioner. Pursuant to such direction of this Court, opposite party No. 1 vide impugned order dated 09.12.2011 (Annexure-6) rejected the claim of the petitioners.