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2005 DIGILAW 461 (ORI)

Jawaharlal Mohant v. State of Orissa

2005-08-02

I.M.QUDDUSI, N.PRUSTY

body2005
JUDGMENT I. M. QUDDUSI, J. : This writ petition has been preferred against the judgment and order dated 31.1.2002 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.4147 (C) of 1996. 2. Although the Orissa Administrative Tribunal, Cuttack Bench has granted some relief to the petitioner in O.A. No.4147 (C) of 1996 vide judgment and order dated 31.1.2002, the petitioner has been aggrieved by a portion of the said judgment of the Tribunal by which it has been observed that direction can be given for regularization of services of the petitioner only against a regular sanctioned post and it is not known whether a regular sanctioned post is available now and the institution in question is a school under the Education Department or the school is taken over by the Government. The petitioner can apply to the Director, Secondary Education for regularization of his services indicating his past performance. 3. The petitioner is teaching the students of science as a Science Teacher in the institution in question, namely, Subarna Rekha Irrigation Project Composite High School, Laxmiposi in the district of Mayurbhanj. 4. Vide order dated 28.4.1994, the Department of Water Resources, Government of Orissa have sanctioned creation of a Composite High School named above at Laxmiposi and conveyed the sanction of the Governor to the creation of the posts of one Headmaster, two posts of Trained Graduate Teachers, two posts of Science Trained Graduate Teachers, one Trained I.A. Teacher, three trained Matric Teachers, one Classical-cum-Hindi Teacher, one L.D.C., one Peon, one Science Attendant and one Night Watch¬man-cum-Sweeper. It was directed that the posts sanctioned by the Government should be held by the existing teachers having requi¬site qualifications and no relaxation should be granted in this regard and no grant shall be paid from out of the State Budget unless the posts are held by the persons having requisite quali¬fication. 5. It was directed that the posts sanctioned by the Government should be held by the existing teachers having requi¬site qualifications and no relaxation should be granted in this regard and no grant shall be paid from out of the State Budget unless the posts are held by the persons having requisite quali¬fication. 5. A request was made thereunder to the Inspector of Schools, Baripada by the Chief Engineer and Basin Manager, Bai¬tarani, Subaranarekha and Budhabalanga Basin requesting him to depute suitable teachers against one post of Headmaster, two Science Trained Graduate Teachers and one Classical-cum-Hindi Teacher on deputation as per the sanctioned scale but the Inspec¬tor of Schools vide his letter dated 5.8.1994 intimated that he had considered the request which was under active discussion and consideration for the last one month but in almost all High Schools, they are in deficit of teaching staff and besides this, the status of the institution in question was not the same as that of a Government High School. The Inspector of Schools re¬fused the request mentioning that it was not possible to depute any teacher to the Project High School in question and the Chief Engineer was requested to make fresh appointment from amongst the existing staff from open market for smooth functioning of the school. Thereafter, the Chief Engineer vide his order dated 29.7.1995, directed for engagement of the petitioner as Science Teacher and another person as P.E.T. on contract basis at the rate of Rs.30/- per class subject to maximum of 20 classes per month for three months or till posting of regular teachers which ever is earlier. 6. The petitioner was qualified to hold the post of Science Teacher in a High School. Therefore, he was appointed on contract basis for three months but by now 10 years has almost elapsed and no recruitment for regular post has been made. The petitioner filed O.A. for regularization of his service before the Tribunal. The Tribunal although directed that the petitioner be paid the minimum of pay scale, that is revised pay scale of Rs.5000-8000/- then pre-revised (Rs. 1400-40-1800-EB-50-2300) which is the Trained Graduate Scale, till utilization of this teaching in the Project School or till the school is closed down. The petitioner filed O.A. for regularization of his service before the Tribunal. The Tribunal although directed that the petitioner be paid the minimum of pay scale, that is revised pay scale of Rs.5000-8000/- then pre-revised (Rs. 1400-40-1800-EB-50-2300) which is the Trained Graduate Scale, till utilization of this teaching in the Project School or till the school is closed down. But in case at hand since the school is taken over by the Govern¬ment the petitioner can apply to the Director, Secondary Educa¬tion for regularization of his services indicating is past per¬formance. This order was passed due to the reason that it was mentioned in the body of the judgment that it is not known wheth¬er a regular sanctioned post is available now and this is also not a school under the Education Department. The Project Schools are either closed down or taken over by the Education Department when the project is completed. It was also directed by the Tribu¬nal that , in case, the school was closed down without being taken over by the Government, the Water Resources Department may try to adjust him in any project school that may be started in new projects. Further, the Tribunal has made the observations in the operative part of the judgment to the effect that “we are not in a position to issue any direction for regularization of his services as prayed for since it is clarified by the learned Standing Counsel that there is no teaching cadre under the Water Resources Department. Salary as indicated above be paid to him from this month onwards.” 7. Since before the Tribunal there was already order regarding sanction of posts including the post in which the petitioner was given appointment in the Trained Graduate pay scale, there was no question to ignore that order and making observation in the judgment by the Tribunal that there is no teaching cadre under the Water Resources Department. Once the Governor had sanctioned the posts of teaching cadre, it cannot be said that whether a regular sanctioned post is available or not especially when the posts are continuing since last 10 years. 8. Learned Addl. Government Advocate has submitted that the school in question was opened under a particular project and after completion of project, it is usual practice that either the institution is closed down or it is taken over by th Education Department. 8. Learned Addl. Government Advocate has submitted that the school in question was opened under a particular project and after completion of project, it is usual practice that either the institution is closed down or it is taken over by th Education Department. However, the Water Resources Department opens a new institution when it starts any project in a particular place. In case of closing down an institution on completion of project, it if is not taken over by the Education Department or the Govern¬ment, services of the teachers and other staff are usually termi¬nated and fresh teachers and staff are appointed when a new institution is opened at the new project. 9. We have seen that the projects of Water Resources Department are usually completed after more than 10 and, as such, we are of the considered view that it is not a proper policy that, in case, after providing service to the qualified teachers in an institution, when a new project is started and after 20 years it is closed down, the services of the teachers teaching to the students and other staff working in the institution, are terminated and new teachers are appointed at the new project.Once an institution is opened and the teaching and other staff are given appointment in that institution and they were for more than 10 years in that institution, we see no reason as to why the Water Resources Department declined to utilize their further services, where the new project was opened, in case, the institu¬tion is not taken over by the Education Department. We also see no reason as to why after completion of project, the institution is not transferred to a place where a new project is opened and a fresh institution is established for imparting education to the children of the officers and other employees appointed/engaged for the new project. By closing down an institution after running it for more than 10 years and opening a new institution thereaf¬ter and making new appointments of teachers and other staff cer¬tainly creates a sense of insecurity in their minds knowing that they would be deprived of their services and experience by termi¬nating their services at the end of the project. By closing down an institution after running it for more than 10 years and opening a new institution thereaf¬ter and making new appointments of teachers and other staff cer¬tainly creates a sense of insecurity in their minds knowing that they would be deprived of their services and experience by termi¬nating their services at the end of the project. Therefore, the Water Resources Department should consider the above aspect and prepare a scheme by which the institution once opened may not be closed down and also the teachers and other staff once appointed, their services may not be terminated because of the closing down of the institution but they may be transferred where a new project is opened. 10. In the instant case, we have perused the order dated 27.9.2003 by which the petitioner was given appointment on regu¬lar basis as Trained Graduate Science Teacher (CBZ) in the time scale of pay of Rs.5000-150-8000/- with usual D.A. and other allowances as sanctioned by the State Government from time to time but the same was modified on 1.10.2003 to the effect that he will be paid minimum of the scale of Rs.5000-8000/- with usual Dearness Allowance as sanctioned by the Government from time to time, perhaps because of the reason that the Tribunal in its impugned order has directed to provide the petitioner the minimum of the scale of pay Rs.5000-8000/-. But this was due to the reason that the Tribunal had made observation that it was not known whether a regular sanctioned post was available now. It was also observed as quoted above that it was not in a position to issue a direction for regularization as there was no teaching cadre in water Resources Department, but this impression of the Tribunal was wrong, as some posts of teachers and non-teaching staff were sanctioned by the Governor which are still continuing since last more than 10 years, in the particular pay scale which is in accordance with the qualification prescribed for the Trained Graduate Teachers in the Education Department. Therefore it cannot be said that there was no cadre or sanctioned posts of teaching or non-teaching staff and also that there was no regular post. 11. Therefore it cannot be said that there was no cadre or sanctioned posts of teaching or non-teaching staff and also that there was no regular post. 11. In view of the above mentioned facts and circumstances, this writ petition is allowed in part with the direction that in the light of the observation made in the body of this judgment, the opposite parties will make an endeavour to take a decision and also consider regularization of the petitioner taking into consideration that he has rendered more than ten years service as Trained Graduate Teacher under their establishment. N. PRUSTY, J. I agree. Petition allowed in part.