JAWAHARLAL MOHANT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been preferred against the judgment and order dated 31.1.2002 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.4147 (C) of 1996.

(2.) ALTHOUGH the Orissa Administrative Tribunal, Cuttack Bench has granted some relief to the petitioner in O.A. No.4147 (C) of 1996 vide judgment and order dated 31.1.2002, the petitioner has been aggrieved by a portion of the said judgment of the Tribunal by which it has been observed that direction can be given for regularization of services of the petitioner only against a regular sanctioned post and it is not known whether a regular sanctioned post is available now and the institution in question is a school under the Education Department or the school is taken over by the Government. The petitioner can apply to the Director, Secondary Education for regularization of his services indicating his past performance.

(3.) VIDE order dated 28.4.1994, the Department of Water Resources, Government of Orissa have sanctioned creation of a Composite High School named above at Laxmiposi and conveyed the sanction of the Governor to the creation of the posts of one Headmaster, two posts of Trained Graduate Teachers, two posts of Science Trained Graduate Teachers, one Trained I.A. Teacher, three trained Matric Teachers, one Classical -cum -Hindi Teacher, one L.D.C., one Peon, one Science Attendant and one Night Watchman -cum -Sweeper. It was directed that the posts sanctioned by the Government should be held by the existing teachers having requisite qualifications and no relaxation should be granted in this regard and no grant shall be paid from out of the State Budget unless the posts are held by the persons having requisite qualification.