STATE OF ORISSA Vs. PADMINI KAR

JUDGEMENT

(1.) In this Writ Petition, challenge is made to the legality and propriety of the Order Dated 24.02.2003 passed by the Orissa Administrative Tribunal (for short, the 'Tribunal') under Annexure -7 directing the Petitioners to appoint the Opp. Party as a regular Primary School Teacher in the concerned Education Circle, which is earmarked for the category to which she belongs in the existing vacancy and if no such vacancy is available against the next future vacancy by relaxing Orissa (Elementary Education Service) Rules 1997, (for short, the 'Rules 1997') and the Resolution and Orders.

(2.) BEREFT of unnecessary details, the facts and circumstances giving rise to filing of this Writ Petition are that the Government of Orissa in the erstwhile Education and Youth Services Department vide Letter No. 44157 -(2) dated 01.10.1989 (Annexure -1), addressed to the Director, Secondary Education and Elementary Education, Orissa communicated its decision that all vacancies in the teaching post in High and Middle (Upper Primary) Schools both Government and Non -Government shall be filled up only with Sikhyakarmis, who will be regularized in due course as teachers. Upon receipt of such communication vide Annexure -1, the Director, Elementary Education, Orissa, instructed all the D.I. of Schools to act as per the aforesaid instructions of the Government. Accordingly, the Opposite Party was appointed vide Order No. 330 dated 17.3.1990 (Annexure -2) issued by the Secretary of -the Managing Committee of Purunabasti Municipal M.E. School, Jharsuguda.The aforesaid appointment of the Opposite Party was approved by Petitioner No. 4 -D.I. of Schools, vide Annexure -3 dated 25.05.1991 for a period of one year with effect from 20 03.1990. Subsequently, Petitioner No. 4 vide his Order No. 4813 dated 17.12.1991 (Annexure -4) approved the appointment of the Opposite Party as Sikshyakarmi with effect from 20.3.1991 until further orders. While the Opposite Party was working as such, the School which was an aided School was taken over by the Government by virtue of the Resolution dated 12.5.1992 with effect from 01.4.1991 and, as such, the said School became a new taken -over Government M.E. School. Thereafter, the Government by Order No. 410 dated 3.1.1996 (Anexure -5) abolished the Scheme of Sikshyakarmi. By Order No. 33380/SME dated 18.10.1996 (Annexure -6) the Government instructed that all categories of Sikshyakarmis deemed to be retrenched with effect from 03.01.1996. In the year 1994, the Opposite Party filed O.A. No. 2129 of 1994 (subsequently renumbered as O.A. No. 82(S) of 1994) before the Tribunal for regularization of her services against regular vacancy on the ground that she the had been continuing since 1990 and similarly situated persons had been regularized against the posts of Primary School Teachers. The Tribunal vide its Order Dated 24.2.2003, allowed the Original Application with above direction to the Opposite Party. Being aggrieved by the aforesaid order, the Petitioners have filed the present Writ Petition.

(3.) MR . K.K. Swain, Learned Counsel appearing on behalf of the Opposite Party raised preliminary issue challenging maintainability of the Writ Petition filed in this Court on 23.2.2007 against the order of the Tribunal dated 24.2.2003 on the ground of delay and laches. He contended that remedy of the Writ Court is only available to a litigant who approaches the Court with sufficient promptitude. Stale claims are not to be entertained by a Writ Court. In support of his contention, he relied ona decision of this Court in Management of Regional Plant Resources Centre, Nayapali, Bhubaneswar v. Workmen of Regional Plant resources Centre, represented by the Regional Plant Resources Centre Workers Union and Anr. : 2007 (II) OLR 127. It is further contended that the Opposite Party is a B.A, C.T. and was appointed as Sikhyakarmi through an interview conducted by the District Selection Committee against the resignation vacancy in Municipal M.E. School, as per the Order Dated 17.3.1990 issued by the Secretary, Managing Committee of the School. The said appointment was made in pursuance of the Government Order dated 12.10.1989, according to which, the vacancies in teaching posts in High School and U.P. Schools both Government and non -Government shall be filled up by Sikhyakarmis who would be regularized in due course as teachers and will be receiving remuneration of Rs. 400 per month during the first two years of engagement and thereafter at the rate of Rs. 600 per month till completion of four years of such engagement. The School was taken over by the Government since 1.4.1991. The appointment of the Opposite Party which was approved for one year initially with effect from 20.3.1990 was subsequently extended until further orders vide Memo No. 4813 dated 17.12.1991. Although the Opposite Party continued there as Sikhyakarmi, she was not regularized in the post of Primary School Teacher like her counterparts and juniors in spite of her representation under Annexure -9 dated 6.9.1993. It was further contended that since the Opposite Party was continuing as Sikhyakarmi, she was entitled to be regularized in the post of Primary School Teacher even if the scheme was abolished with effect from 3.1.1996.