Research › Search › Judgment

Orissa High Court · body

2020 DIGILAW 79 (ORI)

Dhananjay Charan Dey v. State of Orissa

2020-03-05

B.R.SARANGI

body2020
JUDGMENT : Dr. B.R. Sarangi, J. 1. The petitioners, who are having Matric CT, +2 CT and Trained Graduate qualification, have filed this writ petition challenging the decision taken by the State Government in the resolution No. 22445 dated 17.11.2011, wherein decision was taken to absorb the eligible Trained Gana Sikshyaks as Sikshya Sahayaks, without taking into consideration the Government resolution No. 3368 dated 16.02.2008 and the proceeding of the meeting held on 29.11.2010 under the Chairmanship of the Hon'ble Minister, School & Mass Education Department, as a result of which the period of service rendered by the petitioners as Gana Sikshyak is not being taken into account for the purpose of extending the benefit of Career Advancement Policy, i.e. to be engaged as Junior Teacher on completion of 3 years of service as Sikshya Sahayak and 3 years thereafter as Primary School Teacher. 2. The factual matrix of the case, in hand, is that the petitioners are all trained persons and were initially engaged as Education Volunteer under Education Guarantee Scheme. After abolition of such scheme, they were rehabilitated as Gana Sikshyak in the year 2008 under Sarva Shiksha Abhiyan (S.S.A.), in view of resolution of the State Government dated 16.02.2008 under Annexure-2. As per Clause-5 of the said resolution, it was stated that Gana Sikshyaks will be engaged against the existing created vacancies of Sikshya Sahayaks and their consolidated remuneration etc. will be borne out of S.S.A. budget, and they will be engaged in the Government Primary Schools. As per Clause-11, Gana Sikshyaks will continue to avail the benefits in the process of selection for engagement of Sikshya Sahayak, pursuant to Office Order No. 23845/SME dated 04.12.2007 of the Government in School & Mass Education Department. Accordingly, the petitioners were engaged as Gana Sikshyaks on 03.05.2008 and posted at different primary Schools. 2.1. While the petitioners were so continuing as Gana Sikshyaks, on 29.11.2010, a meeting was held under the Chairmanship of Hon'ble Minister, School and Mass Education Department regarding different problems raised by Gana Sikshyak Mahasangha and under Annexure-3 wherein it was decided that regularization of Gana Sikshayaks as Primary School Teachers is to be made as per the Career Advancement Policy of Sikshya Sahayaks, the Sikshya Sahayaks will be promoted as Jr. Teacher and Jr. Teachers will be promoted as regular Primary Teachers after completion of 6 years. Teacher and Jr. Teachers will be promoted as regular Primary Teachers after completion of 6 years. The Career Advancement Policy of Gana Sikshyaks will be worked out keeping in view the career advancement policy of Sikshya Sahayak. Accordingly, on 14.02.2011, undersecretary to the Government in School and Mass Education Department wrote a letter to the Commissioner-cum-State Project Director, OPEPA and the Director, Elementary Education, Odisha stating inter alia that the meeting was held on 29.11.2010 on the demand of the Gana Sikshyak Mahasangha and accordingly required that necessary action be taken for implementation of the decision taken in the aforesaid meeting and furnish the same for required approval at the Government Level. Thereafter, the State Government in its letter dated 17.11.2011 decided to absorb 619 eligible trained Gana Sikshyaks as Sikshya Sahayaks and on absorption directed that they will be paid remuneration of Rs. 4000/- per month. But the petitioners, who were engaged as Gana Sikshyaks in the year 2008 and were to be taken as Primary School Teacher, in view of the Career Advancement Policy, as is extended to the Sikshya Sahayaks, were treated as fresh Sikhya Sahayaks from the date when they were absorbed, without calculating the previous period when they were continuing as Gana Sikhyaks, i.e. from the year 2008 till 2011, particularly when a specific decision was taken on 16.02.2008 under Annexure-2, and such decision was taken without considering the office order dated 04.12.2007, wherein it was decided that the persons who were engaged in different schemes like DPEP/EFA/NFE, having the requisite qualification for engagement as Sikshya Sahayaks, were to be regularized by relaxing their upper age limit, wherever necessary, and taking their past experience into consideration. Therefore, for non-consideration of the period during which the petitioners were engaged as Gana Sikshyaks, i.e., from 2008 till 2011, when the petitioners were absorbed as Sikhya Sahayaks, for the purpose of regularization of their service, the petitioners are before this Court. 3. Mr. D.N. Rath, learned counsel appearing for the petitioners empathically submitted before this Court that the petitioners, who are Matric CT, +2 CT as well as Trained Graduation qualification, had been absorbed as Gana Sikshyaks on 03.05.2008. On completion of 3 years, they were to be treated as Junior Teacher w.e.f. 03.05.2011 and as Regular Teacher w.e.f. 03.05.2014 after completion of 3 years thereafter. On completion of 3 years, they were to be treated as Junior Teacher w.e.f. 03.05.2011 and as Regular Teacher w.e.f. 03.05.2014 after completion of 3 years thereafter. But, pursuant to resolution dated 17.11.2011, when they were absorbed as Sikhya Sahayaks, the services rendered by them for the period from 03.05.2008 to 17.11.2011 have not been taken into consideration, but by that time they would have been absorbed as Junior Teacher w.e.f. 03.05.2011, which is contrary to the decision taken in the Government guidelines dated 16.02.2008 and the decision taken by the School and Mass Education Department vide Office Order dated 04.12.2007. It is further contended that to examine the demands of Gana Sikshyaks, a Ministerial Sub-committee was constituted under the chairmanship of the Minister, Finance and Public Enterprise and on the basis of recommendations of the said Ministerial Sub-committee, the Government, after careful consideration, resolved vide resolution dated 04.12.2013 in Annexure-A/1 that Gana Sikshyaks, after completion of 6 years of continuous and satisfactory engagement, to be treated as "Senior Gana Sikshyaks". For all purpose of calculation for benefits, the beginning of the year will be from next succeeding 1st April. Whereas, the trained Gana Sikshyaks with +2 or above academic qualification to be treated as Zilla Parishad Grade-II Teacher, after completion of 6 years of continuous and satisfactory service or after 3 years from completion of training whichever is later. The said resolution dated 04.12.2013 was challenged before the Odisha Administrative Tribunal in O.A. No. 1758 of 2014 (which was filed by one Santosh Kumar Nahak) and other similar batch of matters. The tribunal, vide order dated 10.03.2015, directed the State Government to issue appropriate orders modifying the order dated 04.12.2013, incompliance of which the resolution dated 04.12.2013 was withdrawn, pursuant to resolution dated 25.02.2016. As a consequence thereof, the Department Resolution No. 3358 dated 16.02.2008 and Resolution Nos. 22445 and 224450 dated 17.11.2011, which were repealed, vide clause-20 of the resolution dated 04.12.2013, were revived. As a result, the petitioners are entitled to get the benefit pursuant to resolution dated 16.02.2008. As a consequence thereof, the Department Resolution No. 3358 dated 16.02.2008 and Resolution Nos. 22445 and 224450 dated 17.11.2011, which were repealed, vide clause-20 of the resolution dated 04.12.2013, were revived. As a result, the petitioners are entitled to get the benefit pursuant to resolution dated 16.02.2008. It is further contended that the benefit which was extended to the petitioners, pursuant to the decision taken by the School and Mass Education Department vide Office order dated 04.02.2007 and consequential resolution passed by the Government dated 16.02.2008, cannot and could not have been curtailed by subsequent resolution dated 17.11.2011, which is unreasonable, arbitrary and contrary to the provisions of law. 4. Mr. D. Vardwaj, learned Standing Counsel for School and Mass Education Department contended that the resolution dated 04.12.2013 in Annexure-A/1, having been withdrawn on 25.02.2016 pursuant to order dated 10.03.2015 passed by the Odisha Administrative Tribunal in O.A. No. 1758 of 2014 and other batch of matters, the scheme, which was formulated on 16.02.2008, was revived. On 25.07.2016, on the basis of the recommendation of Ministerial Sub-committee, the Government passed a resolution, where it was decided that the Gana Sikshyaks, who have +2/Degree qualification with either CT/B.Ed., and who have completed 8 years of continuous and satisfactory engagement, will be regularized as Elementary Level-V teacher in the year 2016-17 after detailed modalities on regularization are worked out by the Government in School and Mass Education Department. Thereby, no illegality or irregularity has been committed by the authority in regularizing the services of the petitioners in the year 2016-17. Therefore, this Court may not interfere with the decision taken by the Government to extend the benefit to the trained persons those who have been absorbed as Gana Sikshyaks and more particularly no prejudice has been caused to such persons in view of resolution dated 25.07.2016 passed by the authority. 5. This Court heard Mr. D.N. Rath, learned counsel for the petitioner and Mr. D. Vardwaj, learned Standing Counsel for School and Mass Education Department, and perused the record. Pleadings having been exchanged between the parties and with the consent of the learned counsel for the parties, these writ petitions are being disposed of finally at the stage of admission. 6. The facts, which are delineated above are not in dispute. D. Vardwaj, learned Standing Counsel for School and Mass Education Department, and perused the record. Pleadings having been exchanged between the parties and with the consent of the learned counsel for the parties, these writ petitions are being disposed of finally at the stage of admission. 6. The facts, which are delineated above are not in dispute. The petitioners No. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 11, 12, 14, 15 and 18 are having trained graduate qualification, petitioners No. 16 and 19 are having Matric CT qualification, petitioner No. 5 is having B.Com. B.Ed. qualification and petitioners No. 8 and 17 are having I.A. C.T. qualification and petitioner No. 13 is having M.A. B.Ed qualification to their credit. Meaning thereby, all the petitioners are having either Matric or +2 CT or trained qualification to their credit. In accordance with the principles adopted by the Central Government for universalisation of primary education in the country, from time to time different schemes were formulated, such as non-formal persons, Sikshya Karmis and Swechha Sevi Sikshya Sajhayaks under SSA Scheme and for the purpose either trained or untrained persons were engaged as Non-Formal Facilitators and Sikshya Karmis. But so far as the Swechha Sevi Sikshya Sahayaks are concerned under Sarva Sikshya Abhiyan they were engaged having training qualification either in graduate stage or H.S.C. stage. All such schemes were floated by the Central Government and are operated by the State Government under the Central Government Finance and as and when the Central Government decided to abolish the scheme and introduce a new scheme, accordingly the State Government was implementing the same. The Central Government introduced an Education Guarantee Scheme (EGS) and engaged persons as Education Volunteers so as to see that such persons assist the teaching of primary education system run by the State Government and also to see that the attendance in such institutions are to be increased by the assistance of these education volunteers. 7. The petitioners belong to Balasore Education Circle and were engaged as Education Volunteers by the President of the Village Education Committee having been selected by the District Project Officer. 7. The petitioners belong to Balasore Education Circle and were engaged as Education Volunteers by the President of the Village Education Committee having been selected by the District Project Officer. The petitioners, while continuing as, Education Volunteers in respective EGS Centres, the State Government issued an office order on 04.02.2007 stating inter alia that the persons those who are engaged under different schemes like DPEP/EFA/NFE, having requisite qualification for engagement of Sikshya Sahayaks, are to be regularized by relaxing their upper age limit wherever necessary and taking their past experience into consideration. Thereafter, the State Government on principle decided, vide resolution No. 3368 dated 16.02.2008 under Annexure-2, to upgrade the EGS centers to Regular Primary Schools and for various reasons, the Education Volunteers engaged in such EGS Centres, which were operating in the State of Orissa from the year 2001-2002 and the Education Volunteers, who are continuing and discharging their duties, are to be rehabilitated as Gana Sikshyaks under SSA. Meaning thereby, the Education Volunteers are to be rehabilitated in such schools, provided they do have the training qualification such as Trained Matric/+2 with CT, B.Sc, B. Com with B.Ed., and are to be paid consolidated remuneration of Rs. 2000/- per month. Such Gana Sikshyaks are to be engaged against the existing/created vacancy of Sikhya Sahayaks and their consolidated remuneration etc. will be borne out of the SSA budget and they will be engaged in the Government Primary Schools. 8. The relevant part of resolution dated 16.02.2008 is quoted below: "Government after careful consideration of the problems of the Education Volunteers under the Education Guarantee Scheme decided to rehabilitate Education Volunteers in E.G.S. Centres who have been disengaged or facing disengagement under the Education Guarantee Scheme on the following manner. 1. Such disengagement Education Volunteers will be rehabilitated as "Gana Sikshyaka" under Sarba Sikshya Abhijan. 2. Such disengaged Education Volunteers who are trained (Matric, 10th (H.S.C./+2 with C.T. B.A./B.Sc./B.Com. with B.Ed., will be engaged as Gana Sikshyaka with a consolidated remuneration of Rs. 2000/- per month. Those who are untrained(Minimum qualification of Matric, 10th (H.S.C.E.)/+2 will be engaged with a consolidated remuneration of Rs. 1750/- per month. 3. Such disengaged Education Volunteers who are having 10th qualification (H.S.C. Examination) will have to acquire +2 qualification within a period of 3 years from their engagement as "Gana Sikshyaka" to be considered eligible for C.T. Training. Those who are untrained(Minimum qualification of Matric, 10th (H.S.C.E.)/+2 will be engaged with a consolidated remuneration of Rs. 1750/- per month. 3. Such disengaged Education Volunteers who are having 10th qualification (H.S.C. Examination) will have to acquire +2 qualification within a period of 3 years from their engagement as "Gana Sikshyaka" to be considered eligible for C.T. Training. Those who are having +2 minimum qualification will be allowed to complete C.T. Training on a distance mode either through IGNOU or from the Directorate of TE & SCERT within a period of 3 years. And after completion of C.T. Training the "Gana Sikshyaka" will be eligible to get consolidated remuneration of Rs. 2000/- from the date of passing C.T. Training. XX XX XX 5. The Gana Sikshyak will be engaged against the existing created vacancies of Sikshya Sahayaks and their consolidated remuneration etc. will be borne out of S.S.A. budget. They will be engaged in the Government Primary Schools. XX XX XX 11. The Gana Sikshyak will continue to avail of the benefits in the process of selection for engagement of Sikshya Sahayak as extended in the Government in School & Mass Education Department Office Order No. 23845/dt. 04.12.07." Pursuant to such resolution passed by the State Government, all the petitioners, who were continuing as Education Volunteers, were engaged as Gana Sikshyak in respect of different primary schools/upper primary schools on 03.05.2008 against existing vacancies of Sikshya Sahayak. The process of selection and qualification adopted by the State Government for engagement of Sikshya Sahayak is same so far as selection of Gana Sikshyak is concerned and more particularly the nature of work discharged by the Gana Sikshyak is similar and same to the work of Sikshya Sahayak, save and except the designation and nomenclature, one is named as Gana Sikshyak and other is Sikshya Sahayak. 9. The Government of Orissa on principle has decided to extend the benefit of Career Advancement Policy in favour of Sikshya Sahayak that on completion of three years as Sikshya Sahayak, one will be promoted to the post of junior teacher and after completion of three years thereafter to the post of primary school teacher. Thereby, after working as Sikshya Sahayak for a period of 6 years, one will become regular teacher. Thereby, after working as Sikshya Sahayak for a period of 6 years, one will become regular teacher. As such, no appointment to the primary school teacher would be made directly, save and except Siksha Sahayaks those who come through the above process. 10. The Gana Sikshyaks raised a grievance through their Mahasangha and claimed similar benefits like that of Sikshya Sahayak. Pursuant thereto, a meeting was held on 29.11.2010 under the chairmanship of the Minister, School and Mass Education Department, along with Commissioner-cum-Secretary and other high officials and, after threadbare discussion, the following decision was taken:- "1. Regularization of Gana Sikshyaks as regular Primary School Teachers-As per the career advancement policy of Sikshya Sahayaks the Sikshya Sahayaks are promoted as Jr. Teacher and Jr. Teachers are promoted as regular primary teachers after completion of 6 years. The career advancement policy of Gana Sikshyaks will be worked out keeping in view the career advancement policy of Sikshya Sahayaks." Pursuant to such decision, since no action was taken, question was raised before the floor of the Legislative Assembly and the Minister replied that the Gana Sikshyaks, having engaged against the vacant post of Sikshya Sahayaks, considering the principle adopted by Union of India under Right to Education provision, the State Government is taking steps to adopt Career Advancement Policy and also increase the salary of the Gana Sikshyaks. But the Government in School and Mass Education Department passed a resolution on 17.11.2011 that the Government, after careful consideration, have been pleased to decide for absorption of 619 eligible trained Gana Sikshyaks as Sikshya Sahayaks and after absorption as Sikshya Sahayaks they will be eligible to get monthly remuneration of Rs. 4,000/- per month and their absorption as Sikshya Sahayaks will be guided by the School & Mass Education Department Resolution/Notification issued from time to time for engagement of Sikshya Sahayaks. As such, the remuneration of such Sikshya Sahayaks shall be borne out of SSA fund. By virtue of such resolution dated 17.11.2011, the petitioners have been discriminated, in view of the fact that they had been engaged as Gana Sikshyak w.e.f. 03.05.2008 and discharging their duties similar to the Sikshya Sahayaks and, as such, they are entitled to be considered for absorption as junior teacher on completion of three years and as regular teacher on completion of six years. Subsequently, the Government of Odisha in School & Mass Education Department, vide resolution No. 22450 dated 17.11.2011, after careful consideration, was pleased to enhance and reschedule the remuneration of untrained Gana Sikshyaks in the manner specified therein. 11. At this point of time, the petitioners approached this Court by filing the present writ petition. This Court, while entertaining the writ petition, passed an interim order on 08.12.2011 in Misc. Case No. 19002 of 2011 to the following effect:- "Issue notice as above. In the interim, it is directed that the decision taken by the opposite party No. 1 as per the letter No. 22450 dated 17.11.2011 shall not be given effect to so far as the petitioners are concerned till the next date Urgent certified copy of this order be granted on proper application." As no counter affidavit was filed till 2015, this Court passed an order on 14.05.2015 to the following effect:- "Heard. The petitioner has approached this Court for issuance of direction to extend the benefit in their favour of Gana Sikshyak, to the post of which they have been engaged by virtue of resolution dated 16.02.2008 w.e.f. 03.05.2008. In a meeting held on 29.11.2010 under the Chairmanship of the Hon'ble Minister, School & Mass Education Department as decision was taken to work out a career advancement policy of Gana Sikshyak governing the future prospect. In view of the said decision, a communication has been issued for under Secretary to Government Addressed to the Commissioner-cum-State Project Director, OPEPA, Bhubaneswar stating therein that the decision taken in the meeting held on 29.11.2010 under the Chairmanship of the Hon'ble Minister, School and Mass Education Department, the required decision may be taken for implementation and furnish the same for required approval at the Government level. The grievance of the petitioner is that no decision has been taken and the meanwhile the petitioner who are trained', have been absorbed as Sikshya Sahayaks vide resolution dated 17.11.2011, disentitling them from the benefit of career advancement policy which has been decided governing the future advancement of Gana Sikshyakas and thereby the Government will intend to give the benefit of absorbing the petitioners as Jr. Teacher and Jr. Teachers are promoted to regular teacher three years to be counted from 03.05.2008, the entire period rendered as Sikshya Sahayak is not taken into consideration in absence of career advancement policy. Teacher and Jr. Teachers are promoted to regular teacher three years to be counted from 03.05.2008, the entire period rendered as Sikshya Sahayak is not taken into consideration in absence of career advancement policy. The grievance of the petitioner is that by virtue of resolution taken by the Government (Annexure-2), they are entitled to give the benefit of the post of Gana Sikshyaks and for that purpose a decision has been taken by way of formulating career advancement policy. On the other hand, learned counsel for the opposite parties has submitted that he will ascertain as to whether the career advancement policy has been formulated and approved by the Government or not because the claim of the petitioner purely depends on the policy decision the Government and if the Government has taken a decision, the petitioner will be entitled to get the benefit of the same. But, however if the Government has not adapted the policy decision merely on the basis of meeting held under the Chairmanship of the Hon'ble Minister the petitioner cannot be said to be entitled. However, he prays for three weeks to apprise this Court to substantiate his argument. List this matter after the ensuing summer vacation." But the said order dated 14.05.2014 was not compiled. Thereafter, though the matter was listed on 23.07.2015 and on 14.09.2015, no counter affidavit was filed. Finally, the counter affidavit was filed by the opposite parties on 12.07.2016 contending that the Sikshya Sahayaks and Gana Sikshyaks are not similarly situated and Sikshya Sahayaks are recruited through recruitment process i.e. merit basis, whereas Gana Sikshyaks are recruited under EGS scheme. 12. After closure of the EGS Scheme, pursuant to resolution dated 16.02.2008, on the demand raised by the Gana Sikshyaks, a Ministerial Sub-Committee was constituted under the chairmanship of the Minister, Finance and accordingly a resolution dated 04.12.2013 in Annexure-A/1 was passed. For better appreciation, clause-1, 2 and 20 of the said resolution are quoted below:- "1. Ganasikshyaks, after completion of 6 years of continuous and satisfactory engagement to be treated as "SENIOR GANASIKSHYAK. For all purpose of calculation for benefits, the beginning of the year will be from next succeeding 1st April. 2. The trained Ganasikhyaks with +2 or above academic qualification to be treated as Zilla Parishad Gr. Ganasikshyaks, after completion of 6 years of continuous and satisfactory engagement to be treated as "SENIOR GANASIKSHYAK. For all purpose of calculation for benefits, the beginning of the year will be from next succeeding 1st April. 2. The trained Ganasikhyaks with +2 or above academic qualification to be treated as Zilla Parishad Gr. II Teacher, after completion of 6 years of continuous and satisfactory service or after 3 years from completion of training, whichever is later. The Zilla Parishad Ganasikshyaks, Gr. II to be allowed the consolidated remuneration of Rs. 7,000/- per month. 20. This Deptt. Resolutions No. 3358/SME dt. 16.02.2008, No. 22445/SME dt. 17.11.2011 and No. 22450/SME dt. 17.11.2011 are hereby repealed." But, the said resolution dated 04.12.2013 was challenged before the Odisha Administrative Tribunal by one Santosh Kumar Nahak in O.A. No. 1758 of 2014, which was disposed of, along with batch of matters, vide order dated 10.03.2015. The operative portion of order dated 10.03.2015 passed by the tribunal reads thus:- "12. In view of above we hold that the classification among the Ganashikhsyaks belonging to General and those belonging to SC/ST/PH categories relating to benefits of regularization violates Article 14 of the Constitution of India and is discriminatory and such classification does not satisfy the criteria fixed by the Hon'ble Apex Court. Accordingly, we direct the State respondents to issue appropriate orders modifying the order dated 04.12.2013 so that the same is in turn with provisions of Constitution of India. This may be done within a period of three months from the date of receipt of a copy of this order. All these O.As. are accordingly disposed of. 13. On receipt of order dated 10.03.2015, the Government in School and Mass Education Department, after consultation with the law department, referred the matter to the Ministerial Sub-committee constituted for the purpose for proper decision. Accordingly, the committee decided to withdraw the department resolution dated 04.12.2013 on Career Advancement Policy by resolution dated 25.02.2016 in Annexure-C/1. By virtue of such withdrawal, clause-20 of the resolution dated 04.12.2013, by which the department Resolution No. 3358/SME dt. 16.02.2008, No. 22445/SME dt. 17.11.2011 and No. 22450/SME dt. 17.11.2011, which were repealed, were revived. 14. The effect of "repeal" at this point of time has to be considered. In HALSBURY's Laws of England, 4th Edn. By virtue of such withdrawal, clause-20 of the resolution dated 04.12.2013, by which the department Resolution No. 3358/SME dt. 16.02.2008, No. 22445/SME dt. 17.11.2011 and No. 22450/SME dt. 17.11.2011, which were repealed, were revived. 14. The effect of "repeal" at this point of time has to be considered. In HALSBURY's Laws of England, 4th Edn. the word 'repeal' has been defined as under:- "To repeal an Act is to cause it to cease to be a part of the corpus juris or body of law. To repeal an enactment contained in an Act is to cause it to cease to be in law a part of the Act containing it. The general principle is that, except as to transactions past and closed, an Act or enactment which is repealed is to be treated thereafter as if it had never existed. However, the operation of the principle is subject to any savings made, expressly or by implication, by the repealing enactment, and in most cases it is subject also to the general statutory provisions as to the effects of repeal." Similar view has also been taken in Gammon India Ltd. v. Special Chief Secretary, (2006) 3 SCC 354 . 15. In State of Orissa v. M.A. Tulloch & Co., AIR 1964 SC 1284 the apex Court held 'Repeal' connotes abrogation or obliteration of one statute by another, from the statute book as completely 'as if it had never been passed; when an act is repealed, it must be considered (except as to transaction past and closed) as if it had never existed. Similar view has also been taken in India Tobacco Co. Ltd. v. Commr. Tax Officer, (1975) 3 SCC 512 . 16. In view of the law discussed above, the expression repeal signifies the abrogation of one statute by another Applying the same principle to the present context, clause-20 of resolution dated 04.12.2013, which had abrogated the resolutions No. 3358/SME dated 16.12.2008, No. 22445/SME dated 17.11.2011 and No. 22450/SME dated 17.11.2011, having been withdrawn, as a consequence thereof the effect of repeal in clause-20 of the resolution dated 04.12.2013 cannot sustain. Thereby, the resolutions mentioned in clause-20, namely, the resolutions No. 3358/SME dated 16.12.2008, No. 22445/SME dated 17.11.2011 and No. 22450/SME dated 17.11.2011 are restored back to its original position. 17. Thereby, the resolutions mentioned in clause-20, namely, the resolutions No. 3358/SME dated 16.12.2008, No. 22445/SME dated 17.11.2011 and No. 22450/SME dated 17.11.2011 are restored back to its original position. 17. In view of the resolution dated 16.02.2008, the benefit thereof having not been extended to the petitioners, although they have been engaged against existing vacancies of Sikshya Sahayaks in Government Primary Schools and discharging similar nature of work assigned to regular Sikshya Sahayaks by giving a different nomenclature, namely, Gana Sikshyaka, the benefit admissible to the Sikshya Sahayaks cannot be denied. As such, it violates Article 14 of the Constitution of India. 18. In John Vallamattom v. Union of India, AIR 2003 SC 290 : (2003) 6 SCC 611 the apex Court held that the equality clause enshrined in article 14 is of wide import. It guarantees equality before the law or the equal protection of the laws within the territory of India. 19. In Government of Andhra Pradesh v. Maharshi Publishers Pvt. Ltd., AIR 2003 SC 296 : (2003) 1 SCC 95 the apex Court held Article 14 guarantees equal treatment to persons who are equally situated. 20. The petitioners, who are the trained Gana Sikshyakas and have been absorbed as such, pursuant to Clause-5 of resolution dated 16.02.2008 in Annexure-2, against the existing vacancies of Sikshya Sahayaks and their consolidated remuneration etc., will be borne out of SSA budget, and as per Clause-11 the Gana Sikshyaks will continue to avail the benefits in the process of selection for engagement of Sikshya Sahayaks as extended in the Government in School & Mass Education Department Office Order No. 23845/SME dated 04.12.2007. Furthermore, in view of the proceeding of the meeting held on 29.11.2010, the decision has been taken that the career advancement policy of Gana Sikshyaks would be worked out keeping in view the career advancement policy of Sikshya Sahyaks. 21. In view of such position, like Sikshya Sahayaks, the petitioners those who were working as Gana Sikshyakas, on completion of three years from the date of absorption, i.e., w.e.f. 03.05.2008 were to be treated as junior teachers w.e.f. 03.05.2011 and, thereafter, on completion of three years, they were to be treated as regular teacher w.e.f. 03.05.2014. Non-extension of such benefit to the petitioners, vide resolution dated 17.11.2011, is contrary to the settled position of law, as the petitioners have been rendering service against regular vacancies of Sikshya Sahayaks 22. Non-extension of such benefit to the petitioners, vide resolution dated 17.11.2011, is contrary to the settled position of law, as the petitioners have been rendering service against regular vacancies of Sikshya Sahayaks 22. In the affidavit filed on behalf of opposite party No. 1 dated 22.08.2016, by which the opposite party No. 1 has relied upon resolution dated 25.07.2016 in Annexure-A/1, in which the demand of Gana Sikshyaks have been considered by a Ministerial Sub-committee. Clause-1 of the said resolution reads as follows:- "1. Gana Sikshyakas, who have +2/Degree qualification with either C.T./B.Ed. and who have completed eight years of continuous and satisfactory engagement will be regularized as "Elementary Level-V teacher" in the year 2016-17 after detailed modalities on regularization are worked out by the Govt., in School & Mass Education Department." On perusal of the above mentioned clause, it is evident that on completion of eight years of continuous and satisfactory engagement, the Gana Sikshyaks will be regularized as "Elementary Level-V teacher" in the year 2016-17, after detailed modalities on regularization are worked out by the Government in School & Mass Education Department. The very resolutions passed from time to time clearly indicates that the Government is taking an apathetic attitude towards Gana Sikshyaks, who are rendering service from their engagement as Education Volunteer and consequently absorbed as Gana Sikshyaks w.e.f. 2002-2003 till date. By passing different resolutions at different point of time, the benefits admissible to the petitioners are being delayed and are not being paid which they are entitled to get under law Admittedly, the petitioners are rendering service against vacant posts of Sikshya Sahayaks. In view of the nature of work discharged by the petitioners, who are Gana Sikshyaks and discharging the duties of Sikshya Sahayaks, they cannot be denied the benefits admissible to their counterpart Sikshya Sahayaks. But, the claims of such Gana Sikshyaks have been ignored from time to time by passing different resolutions, though they have got requisite academic qualification and are discharging their duties at par with the Sikshya Sahayaks, being absorbed against the vacant posts of Sikshya Sahayaks, and are being paid a very meager consolidated remuneration for their duties discharged. 23. But, the claims of such Gana Sikshyaks have been ignored from time to time by passing different resolutions, though they have got requisite academic qualification and are discharging their duties at par with the Sikshya Sahayaks, being absorbed against the vacant posts of Sikshya Sahayaks, and are being paid a very meager consolidated remuneration for their duties discharged. 23. In view of such position, the absorption of 619 eligible trained graduate teachers as Sikshya Sahayaks, pursuant to resolution dated 17.11.2011 in Annexure-6, cannot sustain in the eye of law and they should be absorbed as Sikshya Sahayaks w.e.f. 03.05.2008, pursuant to resolution dated 16.02.2008 under Annexure-2, and extended all the benefits of regularization of service after three years of completion of service as junior teacher on 03.05.2011 and thereafter regular teacher w.e.f. 03.05.2014 and also entitled to get all the benefits as admissible to the post of Sikshya Sahayak. 24. The wit petition is thus allowed. No order to costs.