RAMESH CHANDRA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has filed this appeal under section 24 -B of the Orissa Education Act, 1969 against the judgment and order dated 27.12.2010 passed by the State Education Tribunal in G.I.A. Case No.227 of 2008. The respondent no.5 originally filed O.J.C. No.2098 of 1993 before this Court with a prayer to quash the order passed by the Superintendent, Sanskrit Studies -opposite party no.3 in the writ petition by which the present appellant was treated to be a trained graduate teacher with effect from 01.03.1990 and for declaration that the petitioner (the present respondent no.5) to be continuing against the TGT post with effect from 01.06.1989 and tofurther direct the opposite parties to accord approval of the appointment of the petitioner (respondent no.5 herein) against the Trained Graduate Post with effect from 01.03.1990 and to release the salary component to him regularly in accordance with Rule -9 of the Recruitment Rules.

(2.) THIS Court by order dated 26.03.2008 finding that the dispute is covered by the provisions under section 24 -B of the Orissa Education Act, 1969 and the writ application was filed before amendment of the said Section, on the prayer of the petitioner (present respondent no.5) following the ratio in the case of Smt. Rama Panigrahi Vrs. State of Orissa and others, 2003 1 OrissaLR 438 transferred the writ petition to the State Education Tribunal for disposal in accordance with law expeditiously. The said O.J.C. No.2098 of 1993 on being transferred to the Tribunal was registered as GIA Case No.227 of 2008.

(3.) IT appears that Sovakar Sanskrit Vidyalaya, Avana in the District of Balasore was initially established with a Prathama course (equivalent to M.E. Standard) in the year 1969. Subsequently, it was given recognition for Madhyama course equivalent to H.S.C. standard in the year 1975. It is an admitted case that respondent no.5 having B.A. qualification was appointed as an Assistant Teacher by the Managing Committee and joined the post on 25.10.1976. The appellant was appointed as an Assistant Teacher on 01.10.1980. Both the appellant and the respondent no.5 were untrained hands at the time of their appointment.