ASWINEE KUMAR RAJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, by way of this writ petition, seeks to quash the order dtd. 4/11/2010 passed in O.A. No.3485 (C) of 2001, by which the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, while disposing of the said O.A., held that the initial appointment of the petitioner being against a non- existent post and not through the prescribed open competition, he cannot claim to have been appointed on regular basis and claim payment and, as such, his subsequent adjustment in Town High School, Jaleswar, vide office order no.6268 dtd. 6/5/1999, at Annexure-2 to the O.A., has rightly been withdrawn as per office order no.19295 dtd. 3/11/2001, at Annexure-4 to the said O.A., passed by the Inspector of Schools, Balasore revoking his earlier order dtd. 6/5/1999.

(2.) The factual matrix of the case, in brief, is that the petitioner had approached the tribunal by filing O.A. No.3485(C) of 2001 contending that Simanta Sikshya Niketan, Kashidiha, Balasore, was previously an aided educational institution within the meaning of Sec. 3(b) of the Orissa Education Act, 1969 and, as such, the said institution and its employees are governed under the various provisions of the said Act and the Rules framed thereunder. Subsequently, the school was taken over by the State Government by virtue of the resolution dtd. 16/12/1994 w.e.f. 7/6/1994.

(3.) Mr. K. Swain, learned counsel for the petitioner contended that although the petitioner was initially appointed by the management as 4th peon, but subsequently he was adjusted as 3rd peon in Town High School, Jaleswar, by virtue of order dtd. 6/5/1999 passed by the Inspector of Schools, Balasore, in compliance of the order of this Court passed in OJC No.17240 of 1997. Therefore, the withdrawal of said order dtd. 6/5/1999 by the Inspector of Schools, Balasore, vide order dtd. 3/11/2001, cannot sustain in the eye of law. As such, the Tribunal has committed gross error apparent on the face of the record in confirming the order dtd. 3/11/2001 passed by the Inspector of Schools, Balasore, for which interference of this Court is warranted.