KANAKALATA PRADHAN Vs. DIRECTOR, SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner was appointed as a Hindi Teacher in Sri Jagannath High School at Odopainga in the district of Jagatsinghpur on 1/8/1988 by order of management of the said School. She continued as such till the year 1995 when the Secretary, allegedly intending to give appointment to the wife of one Prasanta Kumar Swain, abruptly prevented her from putting her signature in the attendance register, even though she was discharging her duties as before. Ultimately, she was prevented from discharging her duties from the first week of October, 1996. An advertisement was issued in newspaper by the School Management for appointment of Hindi Teacher on 20/10/1996. The petitioner approached this Court challenging such advertisement in OJC No. 12669 of 1996. By order dtd. 19/11/1996, a Division Bench of this Court passed an interim order directing the petitioner to take part in the interview scheduled to be held on the next date (20/11/1996) without prejudice to her case and that the result of the interview shall not be declared without leave of the Court. It is alleged that being fully aware of the proceeding before this Court, the School Management issued appointment order in favour of one Sanghamitra Nayak, the present opposite party No.4 showing the same to have been issued prior to 19/11/1996. The aforementioned writ application was ultimately heard and disposed of by order dtd. 27/1/2003 granting liberty to the petitioner to approach the Director, Secondary Education by way of an appeal in terms of the 1983 Circular. The following order inter alia was passed.

(2.) Counter affidavit has been filed on behalf of the School Management (opposite party No.3) refuting the averments made in the writ application. It is stated that the status of the school was changed from recognised high School to aided high school with effect from 1/1/2004 under the Odisha Education (Payment of Grant-in-aid) to High Schools, Upper Primary Schools, etc. Order, 2004 and therefore, alternative remedy exists under Sec. 10-A of the Odisha Education Act. It was further stated that the petitioner was appointed by the unapproved Managing Committee having no requisite qualification and continued up to 3/5/1994 and thereafter remained unauthotisedly absent. The Managing Committee therefore issued three show cause notices, to which she did not reply, for which a decision was taken unanimously vide Resolution No. 10 dtd. 30/9/1996 to terminate her services and to publish advertisement to fill up the post of Hindi Teacher. The opposite party No.4 having requisite qualification was duly selected and appointed as Hindi Teacher and her appointment was approved by the Inspector of Schools, Jagatsinghpur by order dtd. 27/2/2012. The petitioner, it is alleged, filed the earlier writ application (OJC No. 12669/1996) deliberately mentioning the date of interview as 20/11/1996 even though the same was conducted on 16/11/1996, i.e. 3 days prior to the passing of the interim order. Being directed by the Division Bench, the petitioner preferred appeal before the Director, who rightly rejected the same holding that the management had given sufficient opportunity to the petitioner prior to termination of her service basing on the relevant documents and after hearing the parties.

(3.) Heard Mr. B.K.Mohanty, learned counsel for the petitioner; Mr. A.R.Dash, learned Additional Government Advocate for the State; Mr. B.Satapathy, learned counsel appearing for opposite party No.3; and Mr. S.S.Samantray, learned counsel appearing for opposite party No.4.