RABINDRA KUMAR KHUNTIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition is for issuance of direction upon the opposite parties: -

(2.) Brief facts of the case of the petitioner is that petitioner being an application for Jeypore Circle against existing vacancy of 33 numbers of post of Sikhya Sahayak, was enlisted and engaged vide order dated 6.11.2003 in Bariguma Block in the district of Koraput under ST/SC Development Department. Engagement of Sikhya Sahayak has been questioned by some candidates by filing writ petition being W.P.(C) No.11748 of 2003 which was disposed of by a coordinate Bench of this Court holding that all the engagements in pursuance to the letter dated 26.9.2003 is declared to be illegal, however, this Court has directed the State authorities to go for fresh selection and provide opportunity of being heard to the appointees who have been selected in pursuance to the letter dated 26.9.2003. Petitioner participated in pursuance to the fresh selection made by virtue of order passed in W.P.(C) No.11748 of 2003 and was selected in the same school. Petitioner after completion of six years of service was regularized as regular teacher under Zilla Parishad cadre but initially petitioner was under SC/ST Development Section.

(3.) It has been submitted by the petitioner that by virtue of letter dated 20.9.2011, although he has been appointed as regular teacher under ST/SC Development Section but not taken under the Zilla Parishad cadre which is contrary to the resolution dated 10.1.2008 , hence this writ petition has been filed for issuance of direction upon the School and Mass Education Department to take back his service under the Zilla Parishad cadre in pursuance to the resolution dated 10.1.2008 by quashing order of the Government dated 20.9.2011.