ANUPAMA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard. The petitioner claims to be recruited pursuant to the advertisement under Annexure-1 by which applications were invited in the prescribed format from eligible persons belonging to revenue districts of the State for engagement of qualified teachers on contract basis on a consolidated monthly remuneration in different Government High Schools located in the different revenue districts of the State. The appointment as per clause-4 is proposed to be one year and subsequently the same may be renewed. Considering the above claim in accordance with the ratio of the decision in the case of Hrusikesh Sethi and others etc. etc. v. State of Orissa and others,2010 Supp1 OrissaLR 1101, we are of the view that the petitioner is required to approach learned Orissa Administrative Tribunal as this Court has no jurisdiction to entertain the writ petition.

(2.) In the aforesaid judgment, a Division Bench of this Court considered as to what is a civil post. Referring to the judgment of the Hon'ble Apex Court in the case of State of Assam v. Kanak Chandra Dutta, 1967 14 FLR 299, and other decisions of this Court, the Division Bench concluded that the recruitment held for filling up of the post existing in different Departments of the Govt. of Orissa in whatever form i.e. either contractual or casual, would amount to recruitment to a "Civil Service", as employer and employee relationship between the State and the employees exists and added to it, payments of remunerations or wages as the case may are made out of the Government exchequer.

(3.) Mr. K.K. Swain learned Counsel appearing for the petitioner draws attention of this Court to the decision in case of Secretary, State of Karnataka v. Umadevi and others, 2006 AIR(SC) 1806, wherein the Hon'ble Supreme Court, while dealing with the contention of the rights of the employees, in paragraphs-38 and 39, held as follows: