PITABAS BHATA Vs. STATE OF ODISHA, REPRESENTED THROUGH ITS SECRETARY, SCHOOL AND MASS EDUCATION DEPARTMENT AND OTHERS

JUDGEMENT

(1.) Challenge has been made to the inaction of the opposite parties for not sanctioning the arrear salary of the petitioner from 17.04.2007 till the date of filing of the writ petition as well as his current salary.

(2.) Facts

(3.) Be it stated that, since the petitioner was not paid his arrear salary for the month of untrained period, he was compelled to file a writ petition being O.J.C. No.14595 of 1997 before this Court and this Court, after hearing the same, disposed of the same on 04.11.1997 with a direction to the Inspector of Schools to take a decision in the matter looking into the grievance of the petitioner keeping in view of the decision of this Court rendered in the case of Bibekananda Das V State of Orissa and others, 1997 2 OrissaLR 122. Thereafter, the State Government, vide order dated 17.04.2007, directed the Director, Secondary Education, Orissa to terminate the services of the petitioner with immediate effect. Against such termination, the petitioner filed Appeal Case No.13 of 2007 before the State Education Tribunal (hereinafter called "the Tribunal") under Section 10-A of the Orissa Education Act, 1969 (hereinafter called "the Act, 1969). The Tribunal, vide its order dated 07.05.2007, stayed the termination order dated 17.04.2007 passed by the Government and the petitioner continued to serve as a Science Trained Graduate Teacher in the school in question. When the salary of the petitioner was not paid, he filed W.P.(C) No.16521 of 2008 and vide order dated 12.11.2008, this Court disposed of the said writ petition with a direction to disburse the salary. As the said order of this Court passed in W.P.(C) No.16521 of 2008 was not complied, the petitioner filed CONTC No.610 of 2009 and during pendency of that CONTC, the State Government sanctioned the salary of the petitioner for the period from 14.12.2000 to 31.05.2001 and 14.12.2003 to 17.04.2007 vide order dated 15.02.2010.