GURUPADA MOHANTY Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) In this writ application the Petitioner Shri Gurupada Mohanty has sought to challenge an order dated 23.2.2001 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 1909(C) of 2000 wherein the Petitioner had challenged to an order of non approval /non -regularization of his services vide office Order dated 13.6.2000 under Annexure -8 was turned down with the following observation:

(2.) Mr. Patnaik, learned Counsel for the Petitioner submitted that the Petitioner had been appointed as Hindi Teacher by the private management of Kumuda Jeypure M.E. School vide Managing Committee Resolution dated 25.9.1979. Before issuing the said appointment letter the Managing Committee had notified the vacancy to the Employment Exchange and had received names from the Employment Exchange, but to widen the scope of employment the Managing Committee had also published an advertisement and then ultimately held an interview on 7.9.1979. In the interview, 25 candidates appeared including the Petitioner 'and the Petitioner was ultimately selected. Pursuant to the said selection the Managing Committee on 8.9.1979 issued appointment letter to the Petitioner and the Petitioner joined in his post on 10.9.1'979. It appears that the Managing Committee of the school became defunct from 1980 and the District Inspector of Schools remained in -charge of the management. It further appears that the District Inspector of Schools vide his letter dated 31.3.1981 requested the Inspector of Schools for approval of the appointment of the Petitioner as a Hindi Teacher but the Inspector of Schools vide his letter dated 19.5.1981 replied that the appointment of the Petitioner cannot be approved since the appointment was irregular and has not been done in consultation with the Employment Exchange and the Management was directed to pay the salary of the teacher from out of their own funds and they were advised in the said letter to fill up the post through the Selection Board.

(3.) A division Bench of this Court consisting of Hon'ble Mr. Justice G.B. Pantnaik and Hon'ble Mr. Justice L. Rath, disposed the aforesaid writ application vide judgment -dated 13.8.1987. Considering the fact that the Petitioner was admittedly continuing as Hindi Teacher and it was not disputed by the opposite parties that the Petitioner had been appointed as a Hindi Teacher by the Managing Committee after conducting the test of several candidates and after selection of the Petitioner in the said test and in that view Petitioner had been issued with a letter of appointment. This. Hon'ble Court also took into consideration the Rule -5(8) of the Orissa Education (Recruitment and conditions of service of Teachers and members of the Staff of Aided Educational Institution) Rules, 1974 (in short referred to as the "Recruitment Rules"). The Managing Committee was empowered to make an appointment for a period of six months or till the date of receipt of the selection list from the Selection Board which ever is earlier. But admittedly no prior approval of the Inspector of School as required by the said rule had been obtained. This Court also took note of the fact that it was not disputed by the parties that no Selection Board candidate had been sponsored to fill up the post in question. This Court further was unable to appreciate as to how even after the Inspector of Schools refused to accord approval of appointment of the Petitioner in the year 1981, while the District Inspector of Schools was then managing the affairs of the school who was continuing the Petitioner's services.