SHIVADATTA TRIPATHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petition has been filed by the petitioner, who is serving as Sikshya Sahayak in Banamalipur Government M.E. School, challenging the order dtd. 13/2/2015 (Annexure-8) passed by the Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh-opposite party no.3, whereby, the Collector has heard the petitioner in person (pursuant to the earlier order passed by this Court in W.P.(C) No.9355 of 2014) and has rejected the claim of the petitioner to treat him as recruitee/appointee for the year 2011 and to accord him all consequential service benefits.

(2.) 1. The brief background of the case is that on 23/1/2011, the opposite party no.3- Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh issued advertisement for appointment of Sikshya Sahayak on contract basis in Upper Primary (U.P.)/Up-graded M.E. Schools in the district of Nayagarh. The petitioner applied for the post of Sikshya Sahayak under Nayagarh under the Trained Graduate Arts category. His candidature was rejected on the ground that Sikhya Sastri qualification of Rastriya Sanskrit Sansthan is not equivalent to B.Ed certificate.

(3.) The petitioner then filed W.P.(C) NO.8051 of 2011, challenging the decision of the authority in not selecting him, with a prayer to quash the notification of selection dtd. 5/2/2011, issued by the School and Mass Education Department.