PRAFULLA KUMAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner-Prafulla Kumar Dash has asked for the following reliefs:-

(2.) The petitioner challenges the decision of the Managing Committee dated 27.8.1993 vide Annexure-6 to the writ application, declaring opposite party No. 6 as senior to him in the Trained Graduate cadre alleging the said decision to have been taken at the behest of the Inspector of Schools and the then Minister of Pension and Public Grievances.

(3.) It is stated that the petitioner was appointed as an Assistant Teacher against a Trained Graduate post on 2.8.1971. The appointment was approved with effect from 1-6-1973 as per the order of the Inspector of Schools, Puri Circle, Puri dated 4-11-1977 vide Annexure-2 to the writ application. It is submitted that prior to 1989, the School in question was under the jurisdiction of Puri Education Circle and after bifurcation, it has come under the jurisdiction of Khurde Education Circle. While continuing in service, the petitioner passed B.Ed. examination on 5.6.1982. Opposite party No. 5 had been appointed in the school as an Assistant Teacher on ad hoc basis with effect from 3.8.1972. His appointment had been approved by the Inspector of Schools with effect from 1.6.1975 as per order dated 4.11.1977 Annexure-2 and his service was regularised by virtue of the Validation Act of 1978 in the year 1978. The petitioner claims to be senior to opposite party No. 5 in view of his length of service, approval of appointment and regularisation of his service. The Managing Committee also passed a resolution on 17.4.1975 as per Annexure-12 declaring the petitioner as seniormost Assistant Teacher of the school. Besides, the Managing Committee also by a comparative assessment of performance of both the petitioner and opposite party No. 5 had come to a conclusion that the petitioner was senior to opposite party No. 5 which decision was also communicated to the Inspector of Schools.