JAWAHARLAL MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner has approached this Court seeking the following relief;

(2.) The facts of the case, briefly stated, are that Subarnarekha Irrigation Project Composite High School was established under the administrative control of the Government in Water Resources Department and managed by the Chief Engineer and Basin Manager, Baitarani, Subarnarekha and Budhabalanga Basin, Laxmiposi (Opposite Party No.2). Said school was established to provide educational facilities to the children of the employees of Subarnarekha Irrigation Project, which was recognized by the Education Department and Director, Secondary Education as per provisions of the Odisha Education Act. The School was also recognized by the Board of Secondary Education. By order dtd. 28/4/1994, the Government in Water Resources Department created certain teaching and non-teaching posts in respect of the School including two posts of Science Trained Graduate Teachers. Request was made on behalf of the School to the Inspector of Schools, Mayurbhanj for deputation of Teachers, but it was not acceded to for want of adequate Teachers and Opposite Party No.2 was requested to recruit teaching staff from among the existing staff or from the open market. Under such circumstances, the Petitioner was appointed as Science Teacher (CBZ) vide order dtd. 29/7/1995 of the Opposite Party No.2 on contract basis at the rate of Rs.30.00 per class subject to maximum of 20 classes per month. The appointment was for a period of three months or posting of regular Teachers, whichever was earlier. Accordingly, the Petitioner joined on 29/7/1995. By letter dtd. 16/11/1996, Opposite Party No.2 intimated the Collector that the teaching posts were lying vacant and requested him to sponsor the names of suitable candidates duly selected by the Sec. Committee in the education circle for issue of appointment orders. What action was taken on such request is not known. But the Petitioner continued in the post as before. He therefore, approached the erstwhile Odisha Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. No.4147(C) of 1996 with prayer for regularization of his service and for allowing him service benefits like a regular Trained Graduate Teacher. By order dtd. 31/1/2002, learned Tribunal taking note of the fact that the School in question is a Project School with the prospect of being closed down, was disinclined to issue any direction for regularization. However, it was directed that the Petitioner be paid the minimum of the scale if he is utilized for teaching till the School is closed down. The Petitioner challenged such order before this Court in OJC No.2977/2002. By judgment passed on 2/8/2005, a Division Bench of this Court held that the Tribunal committed error in holding that there was no teaching cadre in the Water Resources Department without considering the fact that some posts of Teachers and non-teaching staff were sanctioned by the Governor, which were still continuing for more than 10 years. As such, it could not be held that there was no cadre or sanctioned posts for teaching or non-teaching staff and also that there was no regular post. The Writ Petition was thus allowed in part by directing the authorities to make an endeavour to take a decision and also consider regularization of the Petitioner taking into consideration the fact that he had rendered more than 10 years of service as Trained Graduate Teacher. Pursuant to the order of this Court, the Opposite Party No.2 vide order dtd. 25/3/2010 allowed the Petitioner to draw regular pay scale of Rs.5000.00150-8000 with usual D.A. and other allowances as sanctioned by the Government from time to time w.e.f. 02/8/2005, i.e. from the date of judgment of this Court. The order was subsequently modified by order dtd. 24/1/2011 of the Opposite Party No.2 by allowing the regular scale of pay w.e.f. 31/1/2002 i.e. from the date of the judgment of Tribunal.

(3.) It is stated that the Petitioner having rendered continuous service against a duly sanctioned post, should have been granted regular pay w.e.f. the date of his initial appointment i.e. 29/7/1995. Since the posts were duly created and yet the Petitioner was appointed on contractual basis, he is entitled to be regularized from the date of his initial joining.