HARAPRIYA PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since similar questions of law or facts are involved in all the above Writ Petitions, all the matters were heard together. However, this Court felt it appropriate to decide WPC (OAC) No.2709 of 2016 and whatever the outcome of the said Writ Petition, the same will be covered to other similar Writ Petitions mentioned above.

(2.) The petitioner having the qualification of B.A. B.Ed was initially appointed as an Assistant Teacher against a Trained Graduate Post as per the Order No.515 dtd. 21/1/1994 by the Executive Officer, Berhampur Municipality by following due procedure of selection. Accordingly, she joined at MPL Girls High School, Military line, Berhampur. The said School was managed by the Berhampur Municipal Council and from time to time the remuneration was enhanced and the services of the Petitioner was treated as remunerative Teacher by getting remuneration of Rs.2000.00 per month without getting any increment, regular scale of pay and other consequential benefit at par with the other teachers of Municipality.

(3.) While the Petitioner was continuing as such in the year 2001, the Executive Officer, Berhampur Municipality vide its letter No.10906 dtd. 8/10/2001 has informed the Director, Municipal Administration and Additional Secretary to Government, Housing and Urban Development Department, Orissa, Bhubaneswar regarding the vacancy position which were available and required to be filled up by obtaining concurrence of the Finance Department for smooth running of Schools. As can be seen, on a bare perusal of the said letter, 182 numbers of teaching posts were sanctioned by the Government for nine High Schools and two M.E. Schools run by Berhampur Municipality and out of which there were 93 regular vacancies in which 61 remunerative teachers and five ad hoc teachers were appointed by Municipal Council.