SANGRAM KUMAR NAYAK Vs. STATE OF ORISSA REPRESENTED THROUGH COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF SCHOOL AND MASS EDUCATION, ORISSA, BHUBANESWAR, KHORDHA AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed wherein the relief has been sought for the direction upon the opposite parties for regularization of the service of the petitioner as Zilla Parishad Primary Teacher (ZPT) w.e.f. 13.03.2013 with all financial benefits by quashing the order dated 24.08.2015 passed by the opposite party no.4-the District Project Coordinator, S.S.A., Kandhamal.

(2.) The brief fact of the case of the petitioner is that he was recruited by the District Selection Committee and initially engaged as Sikshya Sahayak vide order dated 02.03.2007, while continuing, was implicated in a criminal case of kidnapping of minor girl in Green Badi Village of Daringibadi Block and accordingly, F.I.R. has been instituted being Daringibadi Police Station Case No.27 dated 03.06.2007. Hence, he was disengaged from service vide order dated 01.05.2008 w.e.f. 23.05.2008 due to his involvement in criminal case.

(3.) The grievance of the petitioner is that under the guideline, the provision has been made for taking the Sikshya Sahayak as Junior Teacher, if the Sikshya Sahayak has found to be made in continuance service for a period of 3 years and after working for 3 years, the said Sikshya Sahayak is to be taken into regular establishment as Assistant Primary Teacher.