MALAY KUMAR JENA Vs. RATNAKAR ROUT

JUDGEMENT

(1.) Tarkabeda Kumursingha High School, Tarakbeda in the district of Dhenkanal was notified to receive Block Grant from the State Government w.e.f. 01.04.2008 as per Grant-in-Aid Amendment Order, 2008. Thus, it became an aided educational institution within the meaning of Section 3(b) of the Orissa Education Act, 1969. And the institution itself, as well as its employees came to be governed under the various provisions of the Orissa Education Act, 1969 and Rules framed thereunder. The petitioner got appointment as Assistant Teacher (TGT Arts) on 16.04.1998 by the Managing Committee, by following due procedure of selection, pursuant to which he joined on 20.04.1998. His appointment was approved by the Inspector of Schools, Dhenkanal vide order dated 22.08.2009. Pursuant to such approval of appointment, he was receiving monthly salary regularly.

(2.) While the petitioner was in School, he suddenly got senseless due to blood clotting in brain. With the help of staff of the School, he was admitted to S.C.B. Medical College & Hospital, Cuttack. On diagnosis being made, it was found that the petitioner was suffering from brain haemorrhage. Subsequently, on 04.12014, he was shifted to a private hospital, where he undergone surgery on 16.12014 and was discharged on 26.12014. After recovery, he resumed his duty in the month of January, 2015. Thereafter, he was affected by left side hemiplegia, due to surgery, and became dependant on his family members. Due to such sickness, he was not able to remain lonely in such a remote distance area, where no communication facility was available for emergency. As a result, the petitioner filed a representation before the Minister of Education to transfer him to Basanti Manjari High School (Block Grant), Lahan in the district of Jajpur, which is near to Chandra Sekhar High School, where his wife was serving. He also made a representation before the Secretary, School and Mass Education Department and District Education Officer, Dhenkanal for his transfer/deployment to Sahadev Bidyapitha, or to any School of Dhenkanal Town, or to any School where the treatment facility is available. The said representations were not considered by the authorities on the ground that the petitioner was working as a Teacher in a Block Grant High School.

(3.) Then, the petitioner approached this Court by filing W.P.(C) No.7493 of 2016. He specifically contended that even though he was serving in a Block Grant High School, with the passage of time the School became a fully aided institution and its employees were brought into the Orissa Aided Educational Institution Employees' common cadre. As such, Inter-transferability Rules, 1979 is applicable to him. He further contended that the petitioner was similarly situated with the petitioners in W.P.(C) No.32631 of 2011, wherein this Court by order dated 05.09.2012 directed that the State Government would take a policy decision for transferring the teachers from Block Grant School, so that in case such dispute arose in the Block Grant Schools, steps could be taken for transferring the disturbing elements, and that the Government would make exception in that case and place Smt. Jyotirmayee Patnaik and Sanjay Kumar Khillar in two other different schools either by way of transfer or on deputation or by way of deployment. It was also contended that the said order, on being communicated to opposite party no.3 therein, has been complied with. Considering such contention and finding the petitioner to be similarly circumstanced with that of the petitioners in W.P.(C) No. 32631 of 2011 and W.P.(C) No. 1296 of 2016, this Court disposed of W.P.(C) No. 7493 of 2016 by order dated 21.06.2016 directing the District Education Officer, Dhenkanal-opposite party no.2 herein to consider the case of the petitioner in a sympathetic manner and adjust him in a nearby school. But, due to non-compliance of the said order, the petitioner has filed the present contempt petition stating, inter alia, that even though the petitioner communicated the order dated 21.06.2016 by filing a representation, the same was not complied with.