MD. SWALEHUZZAMAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the office order No. 45339 dtd. 15/9/2010 vide Annexure-8 where the Deputy Director (Hindi and Sanskrit), Orissa has examined the representation dtd. 15/3/2010 pursuant to order dtd. 19/2/2010 passed by this Court in W.P.(C) No. 3699 of 2003 and passed the following order:-

(2.) The petitioner pursuant to Advertisement dtd. 23/6/1986 vide Annexure-1 of 1986 inviting applications for recruitment of Teachers for preparation of Urdu Teachers in Aided High and M.E. Schools of the State had applied. Pursuant to the said Advertisement, letter dtd. 7/1/1988 had been issued to the Secretary, Sayed Seminary, School, Cuttack with copy marked to the petitioner asking him to report to the Secretary for duty. In the said letter, it has been indicated that as per the vacancy in the post of Urdu Teacher in the School, the petitioner has been allotted for appointment against the said vacancy.

(3.) In spite of the said order, the School authority, Sayed Seminary, School, Cuttack did not allow the petitioner to report for duty for which the petitioner approached this Court in O.J.C. No. 2783 of 1991 with the prayer that the petitioner may be absorbed in the School in question or in the alternative, the petitioner may be appointed in any other School of the State as an Urdu Teacher. O.J.C. No. 2783 of 1991 was disposed of by this Court vide order dtd. 18/9/1991, with a direction to the opposite parties to take steps regarding appointment of the petitioner in another school if there is no vacancy in opposite party no.5 School as per rules and communicate the decision to the petitioner within two months from that day and if there is vacancy in opposite party no.5 School, necessary steps should be taken within the said time. Thereafter the Director, Secondary Education Orissa vide letter dtd. 15/11/1991 asked the D.I. of Schools, Dhenkanal to issue appointment order in favour of the petitioner against the post fallen vacant at Tavapal Primary School. After receipt of the said letter, the petitioner had made a request to the opposite party no.3 on 29/11/1991 that a clear and acceptable order regarding his appointment be issued in a post of Urdu Teacher in High School paying due regard to order of the High Court on his representation. But in spite of that, vide letter no.6322 dtd. 17/2/1992, the District Inspector of Schools, Khurda issued another appointment letter to the petitioner as Urdu Teacher in Arakhapali Urdu Primary School. When the petitioner approached the Director, Secondary Education, Orissa in person and requested him to issue appointment letter against the post of Urdu Teacher in a High School, he was assured that this is a provisional arrangement and later on consideration shall be made for giving posting in a High School.