BIDYADHAR BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition along with hundreds of similar petitions as listed on 19 -9 -1995 has comprehensively been heard by this Bench. As suggested and agreed by several lawyers (sic) for the respective petitioners in different cases as aforesaid and the learned Addl. Govt. Advocate, this Bench was given to understand that the cases would be argued by three or four prominent counsels appearing for the parties and in order to save time the other counsel will adopt the arguments on behalf of their petitioners. This Court also found the suggestion as practicable and viable and observed that necessary submissions might be made embracing all the points as canvassed on behalf of the petitioners. The learned Addl. Govt. Advocate also agreed to the suggestion.

(2.) THE petitioners thus have mainly challenged the resolution dated 16 -12 -1934 of the Government of Orissa. School and Mass Education Department as to taking over the management of all non -Government fully aided High Schools by Government service coditions of the employees. For proper appreciation and by way of ready reference, the entire resolution dated 16 -12 -1994 is quoted herein -below :

(3.) IT is placed on record that the petitioner in this case being a trained graduate was appointed as Headmaster of Ganesh Durga High School at Sanamanga on 8 -8 -1959 by the then Secretary of the Managing Committee of the school and his service had been duly approved by the competent authorities. Since then the petitioner was continuing in his post without any hindrance from any quarter. He then joined in Baluria High School oft 20 -5 -1961 and continued there till 7 -8 -1969 whereafter he again joined in Ganesh Durga High School, Sanamanga. The petitioners' date of birth is 27 -2 -1937 and he will complete sixty years of age an 26 -2 -1997 and fifty -eight years of age on 26 -2 -1995.