NAMITA DHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner who was serving as a Hindi Teacher of Sinapalli High School, an aided educational institution, having been prevented by the Managing Committee to discharge her duties notwithstanding the order of the Inspector of Schools and having failed in her attempts to get the relief from the educational authority has finally approached this Court - It is alieged that she was serving, as a Hindi Teacher of Niljee High School under Kalahandi Education Circle for the period from 1 -10 -1931 to 16 -1 -1985'as per Annexure 2 and thereupon she -was appointed on ad hoc basis for a spell of 8a days on 17 -1 -1935 in Sinapalli High School. Her ad hoc appointment on 89 days basis continued till ' -12 -1989 on which date she applied for a fortnight's leave on account of her marriage. The petitioner's application for leave has been annexed as Annexure -3. While en leave she extended her leave up to 31 -12 -1989 as per Ann.exure -4. While she was about to go to the school for joining her duties, she suffered from malaria on 29 -12 -1989 and, therefore, she filed another application for extension of leave up to 31 -1 -1990, While she was still ailing she received a letter dated 16 -1 -1990, annexed as Annexure -6, from the Secretary of the Managing Committee intimating her that she should join her duties on 25 -1 -1990. Immediately the petitioner submitted a reply on 18 -1 -1990, annexed as Annexure -7, requesting the Secretary . to grant her leave up to 31 -1 -1990 as she has not recovered from illness and will not be in a position to join her duties. The petitioner alter her recovery from illness went to Kalahandi and joined in the school and submitted her joining report along with the fitness certificate from the doctor on 6 -2 -1990 which was accepted by the Headmaster of the School. But on the very next day, she received a message from her brother that her father -in -law is critically ill having suffered from a heart attack and, therefore, the petitioner again applied for leave and left Kalahandi and came to Cuttack to attend to her ailing father -in -law, On 15 -2 -1990, while continuing in leave, she received an order of termination, annexed as Annexure -10, which indicates that the Managing Committee by its resolution dated 14th of February, 1990, has terminated her services on the ground of wilful absence and negligence of duty. Immediately after terminating the services of the petitioner, the Managing Committee appointed opp. party No, 5 on ad hoc basi9 for a period of 89 days basis. The Managing Committee after terminating the petitioner's services sought for approval of the Inspector of Schools in accordance with Sec, 10 -A of the Orissa Education Act, as the school is an aided educational institution. The Inspector of Schools by his order dated 18 -6 -1990, annexed as Annexure -12, disapproved the order of termination and directed the Secretary of the Managing Committee to allow the petitioner to join her post. Pursuant to the order of the Inspector under Annexure -12, the petitioner again submitted her joining report, but that was not accepted either by the Headmaster or by the Secretary and, on the other hand, she was prevented to discharge her duties in the school in question. The petitioner made a representation to the Inspector of Schools and gave several reminders as per Annexure -13 series, but having failed to get redress from the educational authority has approached this Court for the relief that this Managing Committee be directed to allow the petitioner to discharge her duties and it must be held that the petitioner is deemed to be continuing in service. The petitioner has also prayed for her salary. In course of hearing of the writ application Mr. Swain appearing for the petitioner also contended that on the admitted facts, the petitioner's service must be held to have been validated in the eye of law in view of the Orissa Aided Educational Institutions (Appointment of Teachers' Validation) Act, 9 of 1989 read with Amendment Act. Orissa Act 18 of 1989.

(2.) THE Deputy Inspector of Schools, Kalahandi Circle, has filed an affidavit on behalf of opp. parties 1 to 3 supporting the petitioner's case in toto. It has been stated therein that as the petitioner's services were terminated without adopting due procedure, the order of termination was not approved by the Inspector and the said non - approval was communicated to the Managing Committee with a direction to the Managing Committee to allow the petitioner to discharge her duties. Since the Managing Committee did not obey the direction of the Inspector, the Inspector moved the Government and the Government Director the Driector of Secondary Education to take action in accordance with law against the Managing Committee for superseding the Managing Committee. It has also been stated that the ad hoc appointment of Mobarak Khan (opp. party No. 5) in place of the petitioner has not been approved.

(3.) IN course of hearing of the writ application Mr. Sahoo appearing for opposite party No. 5 also contended that opp. party No. 5 having served the institution from 20 -3 -1990 is entitled to claim regular - isation of service under the Validation Act of the year 1993.