SRIDHAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for a direction to quash Annexure - 4 wherein the Inspector of Schools, Khurda Circle, by office order dated 5.6.97 has declined to approve the appointment of the petitioner as the 4th peon. The further prayer of the petitioner is for a direction to opposite party No. 2 to approve his appointment.

(2.) THE case of petitioner, as stated in the writ application, is that Barapalli High School under the Khurda Education Circle is an aided educational institution. The managing committee of the School vide its Resolution No. 36 dated 9.1.91 appointed the petitioner as the 4th Peon -cum -Night Watcher as the roll strength of the school exceeded one hundred and the managing committee felt the necessity of appointing a 4th peon. The Headmaster of the school on 14.7.95 recommended the case of the petitioner along with other employees, whose services had not been approved, to the Inspector of Schools for approval. The Headmaster again in his letter dated 23.12.1995 recommended the case of the petitioner along with two other employees to the Inspector of Schools for approval. However, the case of the two other employees were considered and approved whereas, the petitioner's recommendation was ignored. Under the circumstances, the Headmaster of the School again recommended the case of the petitioner for approval by letter dated 20.2.1996. Since the Inspector of Schools did not take any action on the said recommendation, the petitioner moved this Court in OJC No. 4356 of 1996. This Court disposed of the writ application on 28.8.1996 with a direction to consider the grievance of the petitioner in the light of observations/guidelines mentioned in OJC No. 2503 of 90. After communication of the said order, the Inspector of Schools, without referring to the guidelines as stated above, rejected the recommendation for approval which is under challenge before this Court.

(3.) AS a consequence, we quash the order dated 5.6.97 under Annexure - 4 and direct the Inspector of Schools, opposite party no. 2 to approve the appointment of the petitioner as 4th peon as per the recommendation of the Headmaster. The writ application is accordingly allowed and opposite party No. 2 is directed to comply with order within two months from the date of receipt of the communication. No cost.