Khadala Gouda vs State Of Odisha And Others
2021 Latest Caselaw 10654 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                WPC (OAC) No. 3865 of 2000

            Khadala Gouda                           ....                    Petitioner
                                                            Mr. B Pujhari, Advocate
                                               -Versus -
            State of Odisha and others              ....              Opposite Parties
                                                   Mr. S. Jena, Standing Counsel for
                                                         School and Mass Education
                                                                         Department
                         CORAM:
                           DR. JUSTICE B.R. SARANGI

ORDER_ 05.10.2021

Order No. This matter is taken up through hybrid mode. 01 2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking to quash the order at Annexure-8 and to issue direction to the opposite parties to treat the petitioner as Government servant w.e.f. 07.06.1994 and to pay him salary as admissible from time to time.

4. Mr. B. Pujhari, learned counsel for the petitioner contended that the petitioner was appointed as peon against the 4th peon in Kanhu Charan High School, Mathura in the district of Ganjam. The yardstick provides for giving three class-IV posts admissible to the said School. A post of Duftary is admissible where roll strength is 500 or more. Further in a School running in shift system, one additional post of peon is admissible. The post of Duftary is promotional post of Class-IV employee. As the petitioner's claim has been rejected by the Government, he has approached this Court by filing this writ petition.

5. Mr. S. Jena, learned Standing Counsel for School and Mass Education Department contended that whether the 4th post of peon is admissible or not that depends on the roll strength of the School in question and as such, the petitioner has been appointed against the 4th post of peon on the basis of the roll strength and he is not entitled to continue in his service due to non-creation of his post of 4th peon (Daftary) of the School by the Government in Department of School and Mass Education. The case of the petitioner can be considered in the light of the judgment in State of Odisha v. Rajendra Kumar Das, 2014 (I) OLR (SC) 517.

6. Having heard, learned counsel for the parties, it is not disputed that the petitioner was appointed against the 4th post of peon as admissible to the School on the basis of the roll strength. If that be so, the rejection of the claim of the petitioner in Annexure-8 dated 09.09.2000 cannot sustain in the eye of law. Thereby, the same is hereby quashed and the matter is remitted back to the opposite party no.1 for reconsideration in the light of the judgment in Rajendra Kumar Das (supra) within a period of three months.

7. With the above observation and direction, the writ petition stands disposed of.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge A.K. Rana