MAHADEV BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, namely, Mahadev Behera, working as a 'Peon' in Nandini Bidyaniketan, Sidho, Cuttack, filed writ petition being O.J.C. No.11038 of 1999, challenging the actioninaction of the Opposite Party No.3-Inspector of Schools, Cuttack Circle, Cuttack in not releasing his arrear as well as current salary.

(2.) The Petitioner is stated to be appointed against the post of '4th Peon' on 14/12/1991 by the Managing Committee of Nandini Bidyaniketan, Sidho, Cuttack, pursuant to which he joined in the said post on 16/12/1991.

(3.) Referring to the counter-affidavit dtd. 16/8/2002, Mr. Diptiranjan Mohapatra, the learned Standing Counsel vehemently opposed the contentions advanced by the learned counsel for the petitioner. It is submitted that the School in question was not running in shift system. As such, the Management was not competent to fill up the post of additional Peon. It is stated in the counter-affidavit that the requirement under yardstick vide Circular dtd. 8/7/1981 was that the Management of the School could have promoted the senior most of the peons as Daftari which involved a higher scale of pay and then it could have taken step to fill up such vacant post out of the three posts of Peon.