STATE OF ORISSA Vs. BICHINTRANANDA DAS

JUDGEMENT

(1.) All these sixteen Writ Petitions have been filed against the common judgment and order dated 6.2.1999 passed by the Orissa Administrative Tribunal, Bhubaneswar Bench, in O.A. Nos. 1822/93, 598/95, 2376/93, 1821/93, 2379/93, 2375/93, 1877/94, 894/94, 893/94, 1820/93, 81/94, 2214/93, 83/94, 82/94, 2213/93 and 2212/93.

(2.) THE brief facts, which are relevant for the purpose of the instant Writ Applications, are that under the sponsorship of the Government of India, the Government of Orissa had framed a Scheme for establishing Government Vocational Educational Institutions. Seventy -five percent of the expenses for establishing such institutions including payment of salary to the staff was to be borne by the Central Government and remaining twenty -five percent by the State Government. The institutions were established in phase from 1988 to 1990. The State Government had also authorized managements of private educational institutions to open separate sections as Vocational Education Schools. In respect of the institutions where the Opp. Parties were given appointment by the management, the Joint Director (Vocational Education), Orissa vide his letter dated 11.4.1989 addressed to all the Inspectors of Schools in the context of appointment of non -teaching staff in vocational schools directed that Junior Clerks and Accountants in the aided schools may be appointed by the concerned Secretaries of the Management of the institutions, but the appointment will be subject to approval of the Director, Secondary Education, Orissa. It was also directed that the posts of Laboratory Assistant -cum -Demonstrator and Peon should not be filled up till further orders. In respect of other higher ministerial posts it was directed that those posts would be filled up by promotion and by calling for names from the collectorates, as the case may be, as per rules. The Managements made appointment of the opposite parties and some promotions were also given in the year 1990. The Director, Secondary Education vide his letter dated 10.08.1990 further clarified the system of management of Vocational Educational Institutions established by the private managements under the instructions of the Government. The relevant paragraphs of that letter are quoted hereunder: (iv) The management shall maintain a separate account for the vocational stream and this should be open to inspection and audit by Govt. The accounts shall be operated by the principal/vice -principal of the vocational stream posted by Government under the over -all supervision of Governing body/managing committee of the institution. Until posting of such principal/vice -principal, the accounts may be operated by the existing principal of the institution. (v) The management should undertake to meet the course -fee and subject -fee as prescribed by the Council of Higher Secondary Education. No security deposit in respect of the vocational stream will have to be separately made and pledged to the CESE in respect of vocational streams. (vi) The vocational streams of the institution will be guided as per the principles determined by Government in this behalf from time to time. The Director, Secondary Education, Orissa or any other officer authorised by Govt. will have the administrative and academic control on the vocational wings of the institution wherever they are introduced and the management shall abide by the instructions of the Govt./Director, Secondary Education on administrative and academic matters issued from time to time.

(3.) AFTER the above order was passed, the State filed O.J.C. No. 11297 of 2000, which was dismissed vide order dated 19.2.2001. As against the said order, the State approached the Hon'ble Apex Court in SLP (C) No. 22222 of 2001. After leave was granted, the SLP was numbered as Civil Appeal No. 5894 of 2002. The Hon'ble Apex Court vide judgment dated 16th September, 2002 set aside the orders of this Court and remitted the case for being heard and disposed of afresh in accordance with law. The order of Hon'ble Apex Court is reproduced hereunder: Against an order of the Central Administrative Tribunal, the matter was carried to the High Court in a Writ Petition, wherein the dispute was whether there would, at all, be termination of the employees on the ground that it was a centrally sponsored scheme, and scheme does not exist. The High Court, unfortunately without applying its mind to the relevant factors, has dismissed in limine. We are of the opinion that the matter ought to have been considered by the High Court and the order of the Court should indicate reasons. In view of the aforesaid circumstances, we set aside the impugned order and remit the OJC No. 11297/2000 for being heard and disposed of in accordance with law. The appeal is disposed of accordingly.