PRASANNA KUMAR ROUT Vs. STATE OF ORISSA REPRESENTED THROUGH ITS COMMISSIONER-CUM-SECRETARY TO GOVERNMENT, SCHOOL AND MASS EDUCATION DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The petitioner, in the present writ petition, assails the order dated 27.09.2013 passed by the District Education Officer, Jajpur, opposite party no.3 vide Annexure-9 rejecting the claim of the petitioner with regard to payment of his arrear salary from 01.04.1999 to 23.05.2008.

(2.) The unshorn details of the writ petition is that the petitioner was appointed as a Science Bearer-cum-Watchman in Upendra Kumar High School, Abdalpur in the district of Jajpur on 29.08.1989 by the Secretary of the Managing Committee of said School vide Annexure-1. He joined in the said post on 01.09.1989. The School became an aided educational institution with effect from 01.06.1994 and grant-in-aid was released in favour of the School from that date. But, in the approval order dated 10.11.1995 vide Annexure-2, the appointment of the petitioner has not been taken into consideration as the same is not covered under the yard-stick prescribed by the Government vide order dated 27.03.1992. Against such order, petitioner has approached this Court by filing a writ petition vide O.J.C. No.1432 of 1996, which was heard and disposed of on 02.04.1996 by directing the Inspector of Schools, Jajpur Circle, Jajpur, opposite party no.3 therein to re-consider the question with regard to approval of petitioner's appointment keeping in view the circular issued by the Government on 08.07.1981. In pursuance of the order passed by this Court on 02.04.1996, the services of the petitioner was regularized vide order dated 04.07.1997 being adjusted with effect from 01.06.1994 and as such he received his monthly salary from 01.06.1994 till 31.03.1999. Since no payment was made after 31.03.1999, the petitioner was compelled to file another writ petition before this Court vide OJC No.796 of 2000 which was disposed of on 27.02.2001 with a direction to the opposite parties to take appropriate steps regarding disbursement of the arrear as well as current salary of the petitioner within a period of four months. In spite of the direction dated 27.02.2001 issued by this Court, the opposite parties sat over the matter and tried to terminate the service of the petitioner. For that, the petitioner again filed OJC No.10789 of 2001 before this Court, which was disposed of on 07.08.2003 with an observation that the appointment/approval to the post of 4th Peon (Daftary) shall be considered in accordance with the seniority of the persons holding the post of peons and the salary as due and admissible shall be paid to the petitioner within a period of eight weeks.

(3.) Be it stated that in the meantime, the opposite party no.2 had issued letter on 13.10.2003 to all the Inspector of Schools relating to appointment of 4th Peons as per the judgment of the Hon'ble Supreme Court in the case of State of Orissa -V- Rajendra Kumar Das and others, 2003 10 SCC 411 (Civil Appeal No.6844 of 2003 and batch of four other cases). In pursuance of the order passed by the Hon'ble Supreme Court, opposite party no.3 issued letter on 30.06.2004 to the Government for creation of post as per Government instruction and wanted some instruction with regard to release of arrear salary of the petitioner with effect from 01.04.1999 as per the direction of this Court issued in OJC No.10789 of 2001.