ARATI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, in this Writ Petition, challenges the illegal action of the opposite parties, more particularly Opp. Party No. 3, reverting her from the post of Headmistress to the post of Assistant Teacher with a prayer to allow her to continue in the post of Headmistress and to protect her scale of pay which she was receiving. She has also made a prayer to quash the order of her transfer and direct Opp. Party No. 3 to allow her to continue in the Chhend High School as the Headmistress.

(2.) THE case of the petitioner is that she was initially appointed as an Assistant Teacher in the Girls High School, Basudevpur, which was an aided educational institution, in the year 1975. While so working, she completed B.Ed. in the year 1979. She continued in the said Girls High School till 31.12.1988. During this period, G.P.F. Account No. 7202 SE was allotted in her favour. Subsequently, the petitioner made an application for the post of Headmaster to the management of Chhend Housing Colony High School, a private institution established in the year 1988 within the limits of Rourkela Municipality, and was duly selected for appointment. Accordingly, letter of appointment dated 11.11.1988 (Annexure -2) was issued to her. Since then she was continuing as the Headmistress of the said school. The Rourkela Municipality vide Resolution dated 26.8.1989 decided to take over the management of the said school. After compliance of all formalities, a notification under Section 124 of the Orissa Municipal Act, 1950 was published on 1.10.1991 by the Government of Orissa in the Housing and Urban Development Department about the transfer of management of the said institution to the Municipal Council, whereafter the management vested with the Rourkela Municipality. On 21.12.1991 the petitioner received a letter from the Executive Officer, Rourkela Municipality, copy whereof is Annexure -9 to the Writ Petition, to the effect that she was appointed provisionally as an Assistant teacher with a consolidated pay of Rs. 1,200/ per month. On 14.1.1992, the petitioner received a letter issued by the Executive Officer, Rourkela Municipality informing her to attend a meeting of the Headmasters of the High Schools of Municipal Council to be held on 16.1.1992. In the self -same letter, the petitioner was described as the Headmaster of the High School. Thereafter, all on a sudden on 13.3.1992, the petitioner received a transfer order to the Municipal High School, Panposh as an Assistant teacher, copy of which is marked as Annexure -12. Three days thereafter, she was relieved from Chhend High School by order of the Headmaster of the said school vide Annexure -13. In this Writ Petition, the petitioner seeks quashing of Annexures -9, 11, 12 and 13. It is worthwhile to mention here that on 13.3.1992, Opp. Party No. 3 had issued an order posting Opp. Party No. 4 as the Headmaster -in -charge of Chhend Housing Colony High School, copy of which is Annexure -11.

(3.) A rejoinder has been filed by the petitioner controverting the pleadings of Opp. Party No. 3 that the Municipality did not initiate any proposal suo motu to take over the management of Chhend Housing Colony High School. It has been stated in the said rejoinder that the aforesaid statement is in -correct in view of the fact that in the notification under Annexure -8 it was clearly stated that Rourkela Municipal Council had decided to take over the management of Chhend Housing Colony High School. The agreement in question on which the Municipality has placed much reliance had been prepared subsequent to taking over of the School by the Municipality. Therefore, the same is of little assistance to the Municipality. The petitioner in his rejoinder has further stated that she acquired B.Ed. qualification in the year 1979, whereas Opp. Party No. 4 had passed B.Ed. examination in the year 1984. Therefore, Opp. Party No. 4 can by no stretch of imagination be treated as senior to the petitioner. It has also been stated that the agreement under Annexure -B/3 being subsequent to the notification regarding taking over the school cannot form the basis of terms of appointment of the employees of the School and cannot be pressed into service.