NANDITA SUTAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed this writ petition with the following prayer.:-

(2.) Facts of the case, shorn of unnecessary details, is that the petitioner joined as the trained graduate teacher in Kamala Model High School, Ayatan, as per appointment order dtd. 8/8/1991. By order of the Secretary issued on 9/1/1992, she was allowed to remain as in-charge Headmistress of School. After receipt of Grant-in-Aid, the post of the petitioner was approved as Headmistress-in-Charge of the school along with Ex-Officio Secretary of the Managing Committee. Subsequently, the Managing Committee of the school was reconstituted and received approval by order dtd. 15/11/2008. While working as such, the petitioner received notice in W.P.(C) No. 18110 of 2009, filed by the present Opposite Party No.5, wherein several allegations were made against her with prayer to re-constitute the Managing Committee with her being the Secretary instead of the petitioner. Originally, the writ petition was disposed of on 4/1/2010 but being challenged in Writ Appeal No.13 of 2010, was remanded for fresh disposal. By order dtd. 24/4/2012, the writ petition was again disposed of by directing the authorities to transfer the petitioner from the present school to some other school. With regard to her arrear salary, the question was left open with liberty being granted to her to re-agitate after reconstitution of the Managing Committee. The petitioner challenged the order in Writ Appeal No.271 of 2012 but the same was dismissed on 20/8/2014. The petitioner claims to have attended the school everyday, but the Headmistress did not allow her to join and sign in the attendance register. Further, the order passed in the writ application was not complied with till 11/2/2015, when she was deputed to Nikirai Girls High School, Nikirai. The petitioner repeatedly requested the Opposite Parties-Authorities for release of her salary for the period from January, 2010 to 11/2/2015 but no action was taken. On such facts, the petitioner has filed the present writ application.

(3.) The State has filed a counter and an additional counter stating therein that the petitioner was transferred to Nikirai Girls High School pursuant to order passed by this Court in W.P.(C) No.18110 of 2009. It is stated that during pendency of the writ petition, order dtd. 21/11/2022 was passed by District Education Officer regularizing the break period of her service from 25/1/2010 to 11/2/2015, i.e., a period of 963 days but without entitlement to salary cost and GIA, but the period was to be counted as qualifying service for other purposes. Further, it was informed that she had absconded from the earlier school from 25/1/2010 on several dates and had been paid her due salary for the period during which she had attended her duties. She never approached the Managing Committee for release of her arrear salary and instead, she filed the present writ petition.