Jyotsnarani Behera And Ors vs State Of Odisha And Ors
2022 Latest Caselaw 1858 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.5805 of 2022
                Jyotsnarani Behera and Ors.         ....           Petitioners
                                         Mr. Subhansu Bhusan Mohanty, Adv.
                                          -versus-
                State of Odisha and Ors.            ....      Opposite Parties
                                                   Mr. Biswajit Mohanty, SC
                                                   (for S & ME Deptt.)
                               CORAM:
                               MR. JUSTICE S.K. PANIGRAHI
                                           ORDER

Order No. 16.03.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the petitioners submits that the petitioners are now working as Assistant Teacher (Level-V) in different Primary Schools of Remuna Block. Their grievance is that they were serving as Teachers under different Schemes like Non-Formal Scheme, Education Gurantee Scheme and Gana Sikhyak at different points of time. He further submits that while the Schemes were available, the petitioners were serving under the Schemes and receiving some honourarium. Later, they got regularized in the year 2018. The petitioners seek for pensionary benefits in view of Rules-10, 11 and 13 of the Odisha Civil Services (Pension) Rules, 1992 and allotment of G.P.F. numbers consequent upon their regularization. Learned counsel for the petitioners also brings to the notice of the Court to the judgment rendered in the case of Chander Mohan Negi

-vrs. State of Himachal Pradesh1, wherein the Apex Court

(2020) 5 SCC 732

// 2 //

has held that appointment under any Scheme notified by the Government may be irregular, but not illegal. Such condition shall not be bar for regularization and when the services are regularized, the period of service under the Schemes also are to be regularized.

4. In view of such facts and circumstances, issue notice to the opposite parties.

5. Mr. Biswajit Mohanty, learned Standing Counsel for the Department of School and Mass Education waives of notice on behalf of opposite parties. Required number of copies of the brief be served on him within three working days hence, who shall obtain instructions in the matter.

6. List this matter on 27th of April, 2022.

( S.K. Panigrahi) Judge BJ