Orissa High Court
WP(C)/15274/2014 on 8 April, 2021
W.P.(C) No.15274 of 2014
04. 08.04.2021 This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and Mr. B.
Prusty, learned Standing Counsel for School and Mass
Education Department.
The petitioner has filed this writ petition seeking to
set aside the order of disengagement dated 31.07.2014
under Annexure-3.
Learned counsel for the petitioner contended that the
petitioner was working as a contractual cook in Kasturba
Gandhi Balika Vidyalayas, but he has been illegally and
arbitrarily disengaged w.e.f. 01.08.2014, vide Annexure-3,
therefore, the petitioner has filed this writ petition.
Mr. B. Prusty, learned Standing Counsel for School
and Mass Education Department contended that the
disengagement order vide Annexure-3 was passed
pursuant to the letter dated 17.07.2014 issued by the
Commissioner-cum-Secretary and SPD for the safety and
security of the girls in KGBVs. As the petitioner was
engaged as a male cook on contractual basis, he was
disengaged from service. Similar disengagement order had
been challenged before this Court and the same was
upheld by this Court in judgment dated 21.12.2017 in
W.P.(C) No. 25385 of 2017 and batch. The said order was
challenged before the Division Bench of this Court in W.A.
No. 159 of 2018, which was dismissed vide order dated
06.03.2019. After dismissal of the writ appeal, the order
passed by the learned Single Judge was confirmed. Thereby
it is contended that the action taken by the authority is
well justified.
Having heard learned counsel for the parties and
after going through the records, it appears that the order of
disengagement dated 31.07.2014 vide Annexure-3 was
passed in pursuance of the letter dated 17.07.2014 issued
by the Commissioner-cum-Secretary & SPD to all Collector-
cum-Chairperson, RTE-SSA to disengage and not to renew
the engagement of male staff of KGBVs working in different
capacities and posts for the safety of girl students of
KGBVs mainly operating in tribal areas. Such
communication was made as it was observed and
experienced that for a quite long time various illegal
activities of some male staff with the girl students were
creating nuisance and damaging the study atmosphere so
also defeating the purpose for uplifting the girl students
and streamlining them with the social order in the society.
That was also the instruction of the Central Government in
MHR& D Department, which provides funds to operate
such KGBVs as per the scheme of the Central Government
under the SSA. Therefore, the petitioner, being a male cook
engaged on contractual basis in KGBV, was disengaged
vide order dated 31.07.2014. As such, the petitioner was
not holding a civil post, rather he was engaged for a
contract period of one year and the same was not renewed.
Thereby, the order so passed by the Collector-cum-
Chairman, RTE-SSA, Nuapada is well justified and more
so, similar disengagement order has been confirmed by this
Court in the writ petition referred to above. Therefore, this
Court is not inclined to entertain this writ petition, which is
accordingly dismissed.
As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilize the
soft copy of this order available in the High Court's website
or print out thereof at par with certified copies in the
manner prescribed, vide Court's Notice No.4587, dated 25th
March, 2020.
...................................
(DR. B.R. SARANGI, J)
Ajaya
