GURU HANTALA Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) These writ petitions have been preferred under Articles 226 and 227 of the Constitution of India assailing the common order dtd.25.07.2008 passed in O.A. Nos.1443, 1445 and 1447 of 2000 by the Odisha Administrative Tribunal, Bhubaneswar whereby and where under the Tribunal has clarified that the applicants would not be entitled to the benefit of either service or seniority from the date their juniors were appointed in Gunapur Education District or the benefit of arrears of salary as they were not appointed. The learned counsel appearing for the petitioners, at the out set, has submitted that they are not now challenging that part of the order by which the actual monetary benefit including the other service benefit has been directed not to be given but however they are now confining their prayed to issuance of direction upon the authorities to consider the said period towards counting the pensionary benefit.

(2.) The facts of the instant cases, in narrow compass, is that the applicants were appointed as non-formal instructors under the scheme of nonformal education on various dates. The Government has come out with a communication on 28.12.1998 by which it was decided that the Scheduled Caste and Scheduled Tribe Instructors / Supervisors working in the Nonformal Education Scheme would be appointed against the posts of primary school teachers vacant up to 30.06.1996 on the basis of seniority against the reserved post and a stipulation has been made in the communication dtd.28.12.1998 to the effect that the SC/ST non-formal Instructors / Supervisors appointed to regular posts of primary school teachers would have to obtain training qualification of C.T. if not already obtained within three years of their joining.

(3.) The learned counsel for the opposite party State has argued that the Tribunal has not committed any illegality in passing the order. It has been submitted that although the petitioners were not appointed but the Tribunal after taking into consideration the fact that the Juniors have been appointed, has directed the authorities to appoint them and accordingly they have been appointed but however with no service benefit for the period when they have not discharged their duties.