DHANESWAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has come before this Court for the relief of getting declaration to have joined the Chachaji M. E. School, Chirulei, an aided educational institution, with effect from 1. 4. 1978 as a teacher and for payment of the arrear salary.

(2.) THE petitioner's case Is that he was appointed as, a teacher by the Managing Committee of the School on 14. 8. 1972 and his appointment was duly approved by the Inspector of Schools on 14. 5. 1973. He made an application in 1976 to the Secretary of the Managing Committee to grant him study leave In case he Is selected to undergo training and on such application the Secretary endorsed ''no objection' in the event the petitioner is selected to undergo the training. The petitioner was selected by the District Selection Committee on 17 -12 -1976 to take admission in the Secondary Training School, Chhendipada as an in -service candidate which fact was communicated to the petitioner by the District Inspector of Schools, Dhenkanal, opp. party No. 2, in his letter dated 14 -12 -1976 directing him to report for admission on 15th or 16th of December, 1976. The petitioner made an application on the next day, i.e., 15 -12 -1976 to the Secretary, of the Managing Committee for grant of study leave from 16 -12 -1976 to the end of the training session, and on the very same day, the petitioner was relieved vide Annexure -3 to undergo the C. T. Training. The letter stated as follows : 'You are hereby relieved to undergo C. T. at Chhendipada S. T. School on 15 -12 -1976 at 4 p. m. It is for your information and necessary action. Yours, faithfully, Sd/ -Laxmidhar Hota, Secretary, Chachajee M. E. School, Chirulei, Dhenkanal.' After the petitioner's relief, opp. party No. 4 was appointed in his leave -vacancy which appointment was last approved by the Inspector of Schools till 3 -4 -1978. The petitioner intimated the Secretary of the Managing Committee by his letter dated 26 -2 -1978 (Annexure -4) with a copy of the District Inspctor of Schools (opp. -Party No 2) that his training would be completed or 31 -3 -1978 and as such, he should be allowed to join in his former post on 1,4.1978. Alongwith the Setter, the petitioner also enclosed a copy of circular No. 35 -B -112 -75/20981 dated 7.6. 1977 from the Additional Director of Public Instruction (B), Orissa, addressed to all the District Inspector of Schools and others. The District Inspector of Schools also intimated the Managing Committee in his letter dated 23rd March, 1978 that in accordance with the aforesaid Circular and another Government Order No. 16945 dated 10 -5 -1977, the petitioner should be allowed to join his former post and study leave should be granted to him since he was undergoing training upto 31 -3 -1978. It was also made clear in the letter that if the petitioner faced any difficulty in joining his former post, then the matter would be reported to the higher authority to dissolve the Managing Committee. The petitioner after completion of his training submitted his joining report on 1 -4 -1978 to the Secretary of the Managing Committee, but however, he was not allowed to resume his duties nor was he allowed to put his signature in the Attendance Register, by the Headmaster. The petitioner intimated the fact to the Secretary of the Managing Committee on 4 -4 -1978 with a copy to the opp. party No. 2 and further wrote to the opp. party. No. 2 on the, same day that since he had not been allowed to sign the Attendance Register and was also not allowed to join his former post, he was marking his attendance in a separate register kept by him and that he would, attend school regularly. Opp. Party No. 2 was however not able to secure the joining of the petitioner in the school as a consequence of which the petitioner has not been able to resume his duties The payment of the salary of the staff is made under the direct payment system but the bills of the pay of the petitioner were not prepared and sent for which he has not been able to receive his salary throughout.

(3.) MOUNTS to termination of his service from the school, then it is an illegal termination of service for which an appeal lies before the State Educational Tribunal. The petitioner has not exhausted such remedy available to him under the Orissa Education Act and hence is not entitled to any relief under Articles 226 and 227 of Constitution of India.