NARESH CHANDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner prays for a writ of certiorari quashing resolution of the managing committee of Nuabazar High School, dated 9.2.1990 (Annexure -2) relating to promotion/fitment of opp. party Nos. 5 and 6 against the trained graduate posts, approval thereof by order dated 14.8.1991 (Annexure -3) of the State Government. and for a writ of mandamus commanding the opposite parties to treat the petitioner as a regular teacher with effect from 28 -8 -1982, to grant salaries for the break periods, and summer vacations, and to declare him to be senior to opp. party Nos. 5 and 6.

(2.) FACTS situation as indicated by the petitioner are as follows : On 23 -8 -1982, the petitioner was appointed as an Assistant Teacher of Nuabazar High School against a trained matric post on ad hoe basis for 89 days. His appointment was extended from time to time on 89 days basis with one day break, as no Selection Board candidate was available to be adjusted in the school. On 22 -3 -1983, opp. party No. 6 was appointed as an Assistant Teacher against a trained matric post relating to Class VI -B by the managing committee of the institution. On 7 -2 -1985 the petitioner acquired B. Ed. qualification. Petitioner continued to serve the institution till 25 -3 -1988 on ad hoc basis. Since the ad hoc appointments were approved by the Inspector of Schools, petitioner received his monthly salary for the periods directly from the Inspector of Schools. On 15 -11 -1988, opp. party No. 5 was appointed as an Assistant Teacher against a trained matric post relating to Class VI -C. by the managing committee. By operation of the Orissa Aided Educational Institutions (Appointment of Teachers Validation) Act, 1989 (in short, the 'Validation Act.) petitioner ad hoc appointment got validated and the petitioner was to be taken as a regular employee with effect from 28 -8 -1982. On 9 -2 -1990, the managing committee adopted a resolution promoting opp. party Nos. 5 and 6 to additional trained graduate posts against Classes VIII and IX respectively, whereas petitioner was given a trained intermediate post on the ground that he was junior to opp. party Nos. 5 and 6. On 14 -8 -1991. the State Government accorded approval to the arrangement made by the managing committee and communicated the approval to the Director for implemention of the 6ame. The petitioner being aggrieved by the said order, made a representation to the Director of Secondary Education ventilating his grievances. Since it yielded no fruitful result, the writ application was filed.

(3.) SO far as effect of regularisation is concerned, there can be no manner of doubt that the petitioner is entitled to salary for the break periods and the vacations. The apex Court in Rabinarayan Mohapatra v. State of Orissa : AIR 1991 SC 1286, has held that a person who fulfils the criteria fixed for regularisation is entitled to the salary for the break periods and the vacations also. Though opp. party Nos. 5 and 6 have contended that the petitioner shall not be entitled to the said benefit with effect from 23 -8 -1982, we find no substance in the said plea in view of counter -affidavit filed by the Inspector of Schools on behalf of opp. party Nos. 1 to 3 fairly accepting that the petitioner joined the institution on 23 -8 -1982. This is clear from paragraphs 5 and 6 of the counter affidavit. Additionally, various other documents, for example, the letter of the Secretary addressed to the Inspector of Schools (Annexure -F/4) clearly shows that petitioner was in service from 23 -8 -1282 with periodic gaps as reflected in the attendance register and the acquittance roll.