GANGADHAR PAIKRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners (in O.J.C. No. 1528 of 1983), except petitioner No. 14, are teachers, who were appointed in U.P. Schools established by the Hindustan Aeronautics Ltd. (hereinafter called as 'HAL') at different times between the period from 1974 to 1979. Petitioner No. 14 is the President of the Aeronautics Teachers' Association,. Sunabeda. According to the petitioners, these schools were initially under the management of the Managing Committee to the Aeronautics D.A.V. School until 1978 where after the Aeronautics Education Society took over the management of these schools. In both these organisations the General Manager of the HAL remained as the Chairman by virtue of his office. It appears from the narration in the writ applications and the documents annexed thereto that the HAL administration was negotiating with the teachers for formulating the principles regarding their seniority, promotion, provident fund, gratuity and other pensionary benefits and ultimately these matters were also discussed with the Inspector of Schools and the District Inspector of Schools of Koraput. In that discussion it was decided that the District Inspector of Schools, Koraput, would be the competent authority for appointment, punishment of teachers whereas the Secretary of the Aeronautics Education Society would be responsible to run the day-to-day administration of the schools with the object of improving the standard of education. It was further decided to put up a fresh proposal for absorption of the teachers appointed by the Managing Committee giving due consideration to their continuity of service. It was also decided that further teachers should not-be appointed by Opp. parties 4 and 5 so that the service prospects of the existing teachers would not be affected. Some correspondences were going on between petitioner No. 14 and the concerned authorities where after the Government in Education & Youth Services Department communicated to the petitioner No. 14 about the decisions of the Government regarding the service conditions of teachers serving in the Aeronautics Primary Schools, Sunabeda vide Annexure-10. According to the petitioners the said communication in Annexure-10 was silent over many aspects about the conditions of service of the teachers and some of the petitioners met the HAL authorities as well as the authorities of the Government to remedy their grievance as they came to learn that Annexure-10 was going to be given effect to very soon. The teachers through their association represented by petitioner No. 14 filed O.J.C.No. 2210/82. wherein it has been prayed that Annexure-4 in that writ petition (Annexure-10 in O.J.C. No.1528/83) be quashed and a further prayer was made that pending final disposal of the writ application, the operation of the order in Annexure-4 (Annexure-10 in O.J.C. No. 1528/ 83) be staved The said O.J.C.No. 2210/82 was placed for admission on 7-12-82 on which day the court, as it appears, did not issue any order of stay of operation of the order in Annexure-4 (Annexure-10 in O.J.C. No. 1528/ 83) but passed an interim order that the service condition of the teachers would not be changed. In the meantime the court wanted to know as a fact as to whether the management of the institution has already been taken over by the State Government in pursuance to Annexure-4 of O.J.C. No. 2210/82. On 30-7-83 it was submitted before the Court in the said writ application by the Standing Counsel that because of the aforesaid order passed by the Court the Government decision to take over the schools to its management conveyed in G.O. No. 32718 dated 22-9-82 has not been given effect to. The Court vacated the interim order passed earlier in that case which was made without prejudice to the contentions to be raised by either side. In the meantime the opp. party No. 6 (the General Secretary), Aeronautics Education Society) issued notices to 28 teachers including the petitioners terminating their services which are alleged to be illegal, mala fide and in violation of the order of this Court passed on 7-12-82 in O.J.C. No. 2210/82, inasmuch as the order of termination of service of the petitioners amounts to a change of the conditions of their service. The opp. parties filed counter affidavits in the aforesaid O.J.C. No. 2210/82 taking a stand that the management of the primary schools has been taken over by the State Government which will be treated as Non-Government Primary Schools and the conditions of service applicable to the teachers of such institution will also be applicable to the teachers of these primary schools which are taken over. In the present writ application filed by the petitioners they challenge the orders of termination of service issued to them in Annexures 11 to 23 with a prayer for restraining opp. party No. 6 not to implement the orders thereunder. This writ application came for admission on 30-7-83, 'the date on which the interim order passed in O.J.C. No. 2210/82 was vacated and on that day notice on the question of admission and stay was issued. This Court directed that in the meantime Annexures-11 to 23 terminating the service of the teachers shall not be given effect to.

(2.) An application was filed in this case praying therein to take suitable action against the opp. parties 1 and 2 as according to the petitioners they have committed contempt of this Court. This application was put up on 5-9-83 and on hearing learned counsel for both parties it was ordered that the petition for contempt may be registered as Original Criminal Misc. Case which has accordingly 'been registered as Original Criminal Misc. Case No. 34/83.

(3.) These writ applications were placed for bearing along with Original Criminal Misc. Case No. 34/83. During the course of hearing it was submitted by the learned counsel for the petitioners in both the writ applications that O.J.C. No. 2210/82 has become in-fructuous inasmuch as the primary schools in 'question have already been taken over by the Government pursuant to Annexure-4 of that writ application. The said writ application was, therefore, not pressed. Accordingly O.J.C. No. 2210/82 is dismissed as not pressed.