Orissa High Court
Sarada Kanta Mishra vs State Of Odisha And Ors on 25 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20853 of 2022
Sarada Kanta Mishra .... Petitioner
Dr. Purusottam Chuli, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. D. Munda, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 25.08.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner who has been serving as senior most
Lecturer in Political Science (1 Post) in Raghunath Jew
Higher Secondary School, Deulasahi, Po-Tulasipur,
District-Cuttack challenges the legality of the Office
Order No.3947 dated 27.02.2020 issued by the Opposite
Party No.4/Special Secretary-Cum-Director, Higher
Secondary Education, Odisha, arbitrarily approving the
name of Opposite Party No.6 namely, Smt. Snehalata
Mishra as Principal-In-Charge-Cum- Secretary of the said
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School. He also seeks for a direction from this Court to
the Opposite Party No.4/ Special Secretary-Cum-Director,
Higher Secondary Education, Odisha to approve the
Petitioner's name as Principal-In-Charge-Cum- Secretary
of Raghunath Jew Higher Secondary School, Deulasahi,
Po-Tulasipur, Dist-Cuttack on the basis of date of joining
in pursuance to the judgment dated 11.07.2022 passed by
this Court in Kamala Kanta Das -versus- State of Odisha
and others (W.P.(C.) No.230 of 2022). In that view of the
matter, the Petitioner approaches this Court for seeking
relief.
4. Learned counsel for the petitioner submits that as
mentioned above this Court has earlier decided the
similar issue in Kamalakanta Das Vs. State of Odisha &
Ors. vide common judgment dated 11.07.2022 passed in
W.P.(C) No.230 of 2022 and batch of cases. Hence, he
submits that this Writ Petition may be disposed of in the
light of the judgment passed in Kamalakanta Das
(supra).
5. Learned Additional Government Advocate for the
State submits that he has no objection, if this matter is
disposed of in the light of the judgment passed in
Kamalakanta Das (supra).
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6. On perusal of the records and the judgment passed in
the case of Kamalakanta Das (supra), it appears that
similar issue has been decided in the said judgment
which was disposed of on 11.07.2022. The ordering
portion of the said judgment is as follows.
"32. In the light of above discussions, and guided
by the precedents narrated hereinabove, this Court
hereby quashes Guidelines dated 31.08.2020 issued
by the Department of Higher Education,
Government of Odisha containing the mechanism
for fixing the seniority of teachers of non-
Government Colleges for the purpose of
appointment of Principal and HODs and directive
issued by the State Government whereby the inter
se seniority was to be adjudged according to the
date of birth. Consequently, the Government letter
No.17 dated 01.01.2022/ Annexure-7 issued to the
O.P. No.4 is also invalidated. It is further clarified
that all the appointments of Principal-in-Charge
made by following the Guidelines dated
31.08.2020 issued by the Department of Higher
Education, Government of Odisha be made afresh
by taking into consideration of date of entry into
service as the basis for seniority. The O.P. No.1 is
directed to come out with fresh guidelines
accommodating the principle of seniority as
enunciated by the Supreme Court of India which is
an integral part of our service jurisprudence. The
Writ Petition is accordingly allowed. No order as
to cost.
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33. Accordingly, all the Writ Petitions are
disposed of."
7. In view of aforesaid common judgment passed in
W.P.(C) No.230 of 2022 and batch of cases, this Writ
Petition is disposed of.
8. Urgent certified copy of this order be granted on
proper application.
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
